IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION

KYLE PERRY,

Petitioner, CIVIL ACTION NO.: 4:23-cv-44

v.

WILLIAM DANFORTH; and TYRONE OLIVER,

Respondents.

O RDE R Before the Court is the Magistrate Judge’s January 22, 2024 Report and Recommendation, (doc. 20), to which no objections have been filed. After a careful de novo review, the Court agrees with the Magistrate Judge’s recommendation. The Court, therefore, ADOPTS the Report and Recommendation, (doc. 20), as its opinion. Respondents’ Motion to Dismiss is GRANTED. (Doc. 12.) Petitioner’s Petition for Writ of Habeas Corpus is DISMISSED, without prejudice, as unexhausted. (Doc. 8.) Applying the Certificate of Appealability (COA) standards, which are set forth in Brown v. United States,

at * 1-2 (S.D. Ga. Feb. 9, 2009), the Court discerns no COA- worthy issues at this stage of the litigation, so no COA should issue.

(c)(1); see Alexander v. Johnson,

(5th Cir. 2000) (approving sua sponte denial of COA before movant filed a notice of appeal). And, as there are no non-frivolous issues to raise on appeal, an appeal would not be taken in good faith. Thus, in forma pauperis status on appeal is likewise DENIED.

(a)(3). The Clerk is DIRECTED to CLOSE this case. SO ORDERED, this 22nd day of March, 2024.

R. STAN BAKER UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF GEORGIA