Carson v. Wilcher

S.D. Georgia

Carson v. Wilcher

DecidedOctober 11, 2022

Docket4:20-cv-00136

StatusUnknown

This text of Carson v. Wilcher (Carson v. Wilcher) is published on Counsel Stack Legal Research, covering District Court, S.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Carson v. Wilcher, (S.D. Ga. 2022).

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Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION ANTONIO RAMON CARSON, Petitioner, CIVIL ACTION NO.: 4:20-cv-136 v. SHERIFF JOHN T. WILCHER, Respondent. ORDER After a careful de novo review of the entire record, the Court concurs with the Magistrate Judge’s Report and Recommendation, (doc. 3), to which Petitioner Antonio Ramon Carson did not object. Accordingly, the Court ADOPTS the Magistrate Judge’s Report and Recommendation as the opinion of the Court and DISMISSES Carson’s 28 U.S.C. § 2241 Petition. 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). 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 Court DIRECTS the Clerk of Court to CLOSE this case. SO ORDERED, this 11th day of October, 2022.

R.STANBAKER ss—‘i—sSCS UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF GEORGIA

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION ANTONIO RAMON CARSON, Petitioner, CIVIL ACTION NO.: 4:20-cv-136 v. SHERIFF JOHN T. WILCHER, Respondent. ORDER After a careful de novo review of the entire record, the Court concurs with the Magistrate Judge’s Report and Recommendation, (doc. 3), to which Petitioner Antonio Ramon Carson did not object. Accordingly, the Court ADOPTS the Magistrate Judge’s Report and Recommendation as the opinion of the Court and DISMISSES Carson’s 28 U.S.C. § 2241 Petition. 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). 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 Court DIRECTS the Clerk of Court to CLOSE this case. SO ORDERED, this 11th day of October, 2022.

R.STANBAKER ss—‘i—sSCS UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF GEORGIA

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Carson v. Wilcher, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carson-v-wilcher-gasd-2022.

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