Mitchell v. Jones

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION

KAIVON MITCHELL,

Petitioner, CIVIL ACTION NO.: 4:24-cv-120

v.

JOSHUA JONES,

Respondent.

O RDER Before the Court is the Magistrate Judge’s May 6, 2025 Report and Recommendation, (doc. 21), to which no objections have been filed. After a careful de novo review, the Court agrees with the Magistrate Judge’s recommendations. The Report and Recommendation is, therefore, ADOPTED. (Doc. 21.) Mitchell’s Amended Petition is DISMISSED as untimely. (Doc. 7.) 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 (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 US.C. § 1915(a)(3). The Clerk is DIRECTED to CLOSE this case. SO ORDERED, this 25th day of June, 2025.

R. STAN BAKER, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA