IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEOR Gl Asounean ostic oe econci: AUGUSTA DIVISION JAN 15. 2025 ZACHARY ALAN SMITH, FILED Petitioner, ) v. CV 124-231 SHERIFF WHITTLE, Respondent.

ORDER

After a careful, de novo review of the file, the Court concurs with the Magistrate Judge’s Report and Recommendation, to which no objections have been filed. Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion, and DISMISSES this petition filed pursuant to

without prejudice. Further, a state prisoner seeking relief under § 2241 must obtain a certificate of appealability (“COA”) before appealing the denial of his application for a writ of habeas

corpus. See Sawyer v. Holder,

, 1364 n.3 (11th Cir. 2003) (“[S]tate prisoners proceeding under § 2241 must obtain a COA to appeal.”) This Court should grant a COA only if the prisoner makes a “substantial showing of the denial of a constitutional right.”

(c)(2). For the reasons set forth in the Report and Recommendation, and in consideration of the standards enunciated in Slack v. McDaniel,

(2000), Petitioner has failed to make the requisite showing. Accordingly, the Court DENIES a COA

in this case. Moreover, because there are no non-frivolous issues to raise on appeal, an appeal would not be taken in good faith, and Petitioner is not entitled to appeal in forma pauperis. See

(a)(3). Upon the foregoing, the Court CLOSES this civil action. SO ORDERED this aay of January, 2025, at Augusta, Georgia. Lf) LAK tr |] Gx HONORABLE J. RANDAL HALL UNITED $TATES DISTRICT JUDGE SOUTHERN DISTRICT OF GEORGIA