Tootle v. Whittington ( 2021 )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION KIENDAL R. TOOTLE, Petitioner, CIVIL ACTION NO.: 6:21-cv-35 v. LAWRENCE WHITTINGTON, Respondent. ORDER After a careful de novo review of the entire record in this case, the Court concurs with the Magistrate Judge’s June 29, 2021 Report and Recommendation, to which the petitioner did not file objections. Accordingly, the Court ADOPTS the Report and Recommendation, (doc. 6), as the opinion of the Court and DISMISSES Petitioner’s Petition for Writ of Habeas Corpus, (doc. 1). 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 (Sth Cir. 2000) (approving sua sponte denial of COA before movant filed a notice of appeal). Thus, as there are no non-frivolous issues to raise on appeal, an appeal would not be taken in good faith. Therefore, in forma pauperis status on appeal is likewise DENIED. 28 U.S.C. § 1915(a)(3). The Court DIRECTS the Clerk of Court to close this case. SO ORDERED, this 1st day of September, 2021. R.STANBAKER s—‘i—sCS UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF GEORGIA