Clemons v. Medlin, No. 1:2014cv00129 - Document 14 (S.D. Ga. 2015)

Court Description: ORDER adopting the Magistrate Judge's 12 Report and Recommendation as the opinion of the Court; dismissing Respondent Medlin from this case; granting Respondent's 4 Motion to Dismiss; dismissing as untimely the instant petition brought pursuant to 28 U.S.C. § 2254; denying a COA in this case; determining that Petitioner is not entitled to appeal in forma pauperis; closing this civil action; and directing the Clerk to enter the final judgment in favor of Respondent. Signed by Judge J. Randal Hall on 02/27/2015. (jah)

Download PDF
Clemons v. Medlin Doc. 14 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION DENNIS CLEMONS, Petitioner, CV 114-129 v. BRIAN OWENS, Commissioner, et al., Respondents. ORDER After a careful, de novo review of the file, the Courtconcurs with the Magistrate Judge's Report and Recommendation, to which no objections have been filed. Accordingly, the Court ADOPTS the Report and Recommendation ofthe Magistrate Judge as its opinion, DISMISSES Respondent Medlin from this case, 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 28 U.S.C. § 2254 must obtain a certificate of appealability ("COA") before appealing the denial ofhis application for a writ ofhabeas 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. McDaniel, 529 Dockets.Justia.com U.S. 473, 482-84 (2000), Petitioner has 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. Accordingly, 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 this £ Say ofFebruary, 2015, at Augusta, Georgia. HONORABLE J. RANDAL HALL UNITED/STATES DISTRICT JUDGE SOUTHERN DISTRICT OF GEORGIA 1 "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.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.