Corbin v. Williams, No. 1:2014cv00036 - Document 12 (S.D. Ga. 2014)

Court Description: ORDER granting 7 Motion to Dismiss; adopting 10 Report and Recommendations; dismissing as untimely the instant petition brought pursuant to 28 U.S.C. § 2254; denying a COA in this case; closing this civil action; and directing the Clerk to enter final judgment in favor of Respondent. Signed by Judge J. Randal Hall on 10/21/2014. (thb)

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Corbin v. Williams Doc. 12 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION BARTON T. CORBIN, Petitioner, CV 114-036 v. DOUGLAS WILLIAMS, Warden, 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, GRANTS Respondent's motion to dismiss, and DISMISSES as untimely the instant petition brought pursuant to 28 U.S.C. § 2254. A prisoner seeking relief under § 2254 must obtain a certificate of appealability ("COA") before appealingthe denial of his application for a writ of habeas corpus. This Court "must issue or deny a certificate of appealability when it enters a final order adverse to the applicant." Rule 11(a) to the Rules Governing Section 2254 Proceedings. This Court should grant a COA only if the prisoner makes a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). For the reasons set forth in the Report and Recommendation, and in consideration of the standards enunciated in Slack v. McDaniei. 529 U.S. 473, 482-84 (2000), Petitioner has Dockets.Justia.com failed to make the requisite showing. Accordingly, the Court DENIES a COA in this case.1 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 informa pauperis. See 28 U.S.C. § 1915(a)(3). Upon the foregoing, the Court CLOSES this civil action, and DIRECTS the Clerk to enter final judgment in favor of Respondent. SO ORDERED thiso?' day ofOctober, 2014, at Augusta, Georgi aa. HONORABLE J. RANDAL HALT UNITEDSTATES DISTRICT JUDGE SOUTHERN DISTRICT OF GEORGIA l"If the court denies a certificate, the parties may not appeal the denial but may seek a certificate from the court of appeals under Federal Rule of Appellate Procedure 22." Rule 11(a) to the Rules Governing Section 2254 Proceedings. 2

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