Opinion
Civil Action 4:22-cv-250
04-20-2023
RODERICK BO JACKSON, Petitioner, v. WARDEN CYNTHIA NELSON, Respondent.
ORDER
R. STAN BAKER, UNITED STATES DISTRICT JUDGE
Before the Court is the Magistrate Judge's March 17, 2023 Report and Recommendation, (doc. 15), 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. 15), as the opinion of the Court and DISMISSES without prejudice Petitioner's Petition for Writ of Habeas Corpus, (doc. 1), as unexhausted.
Applying the Certificate of Appealability (COA) standards, which are set forth in Brown v. United States, 2009 WL 307872 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. 28 U.S.C. § 2253(c)(1); see Alexander v. Johnson, 211 F.3d 895, 898 (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. 28 U.S.C. § 1915(a)(3). The Clerk is DIRECTED to CLOSE this case.
SO ORDERED.