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

CHRISTIAN THOMAS,

Petitioner, CIVIL ACTION NO.: 4:25-cv-8

v.

SHERIFF JOHN T. WILCHER,

Respondent.

O RDER Before the Court is the Magistrate Judge’s January 21, 2025 Report and Recommendation, (doc. 5), to which objections have been filed, (doc. 6). The Magistrate Judge recommended that pro se Petitioner Christian Thomas’

Petition be dismissed because it appeared from the face of the Petition that Thomas had failed to exhaust available state remedies and his prosecution was pending. (See generally doc. 5.) Thomas’ Objection includes a number of documents related to his state prosecution, the relevance of which is not entirely clear, and what appears to be a copy of a state habeas petition, (doc. 6, pp. 39-40). The Objection, however, does not indicate that his state habeas petition has been resolved, assuming that it was ever even filed. (See

.) The remainder of the Objection appears to dispute the merits of the underlying state prosecution. (Id., pp. 1-4.) The Objection, therefore, does not dispute the applicable law nor the Magistrate Judge’s application of that law. After a careful de novo review, the Court agrees with the Magistrate Judge’s recommendation. The Court, therefore, ADOPTS the Report and Recommendation, (doc. 5), as its opinion. Petitioner’s Petition for Writ of Habeas Corpus is DISMISSED. (Doc. 1.) 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,

(Sth 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 7th day of March, 2025. f S pe L yA

R. STAN BAKER, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA