Opinion
CV422-066
01-30-2023
JOHN FRILANDO, Petitioner, v. CALVIN OLIPHANT and WARDEN MICHAEL LONG, Respondents.
ORDER
WILLIAM T. MOORE, JR., JUDGE.
Before the Court is the Magistrate Judge's December 6, 2022, Report and Recommendation (Doc. 27), to which Petitioner has not filed an objection. After a careful review of the record, the report and recommendation (Doc. 27) is ADOPTED as the Court's opinion in this case. Accordingly, Petitioner's Amended Petition Under 28 U.S.C. § 2254 is DISMISSED WITHOUT PREJUDICE. (Doc. 20.)
The Court reviews de novo a magistrate judge's findings to which a party objects, and the Court reviews for clear error the portions of a report and recommendation to which a party does not object. 28 U.S.C. § 636(b)(1); see Merchant v. Nationwide Recovery Serv., Inc., 440 F.Supp.3d 1369, 1371 (N.D.Ga. 2020) (outlining the standard of review for report and recommendations (citing Macort v. Prem, Inc., 208 Fed.Appx. 781, 784 (11th Cir. 2006) (per curiam))).
Applying the Certificate of Appealability (COA) standards set forth in Brown v. United States, Nos. 407CV085, 403CR001, 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. Thus, no COA should issue either. 28 U.S.C. § 2253(c) (1); Rule 11(a) of the Rules Governing Section 2254 Cases in the United States District Courts ("The district court must issue or deny a certificate of appealability when it enters a final order adverse to the applicant"). The Clerk of Court is DIRECTED to close this case.
SO ORDERED.