Cook v. Russell

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION MARCEL COOK, ) Petitioner, v. 5 CV624-073 ROBERT L. RUSSELL, et al., Respondents. ORDER After a careful de novo review of the record in this case, the Court concurs with the Magistrate Judge’s Report and Recommendation (R&R), (doc. no. 19), to which no objections have been filed. Accordingly, the Report and Recommendation is ADOPTED. Cook’s Petition, as amended, is DISMISSED as untimely. (Docs. nos. 5 & 15.) His request to proceed in forma pauperis is DISMISSED as moot. (Doc. no. 20.) A prisoner seeking relief under § 2254 must obtain a certificate of appealability (“COA”) before appealing the 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), 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 U.S. 473, 482-84 (2000), Petitioner has failed to make the requisite showing.

Accordingly, the Court DENIES a COA in this case.! 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 in forma pauperis. See 28 U.S.C. § 1915(a)(3). Upon the foregoing, the Court CLOSES this civil action. ORDER ENTERED at Augusta, Georgia, this, 264 day of June, 2025. XV Mid POHL” HONORABLE J. RANDAL HALL UNITED STATES DISTRICT JUDGE QOUTHERN DISTRICT OF GEORGIA

' “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), Rules Governing Section 2254 Proceedings.