Bowers v. Chatham County Detention Center

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION

DALE STEVEN BOWERS, ) Petitioner, Vv. CV425-119 CHATHAM COUNTY DETENTION CENTER, ) Respondent. ORDER Before the Court is the Magistrate Judge’s June 5, 2025 Report and Recommendation, (doc. 3), 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. 3), as its opinion 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(¢)(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 this 7? day of 4

H ISA GODBEY WOOD, JUDGE ED STATES DISTRICT COURT THERN DISTRICT OF GEORGIA