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Case 1:13-cv-00078-JRH-BKE Document 7 Filed 07/30/13 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FORTHE SOUTHERN DISTRICT OF GEORGIA

AUGUSTADIVISION

TAVARIS SAMUELS,

Petitioner,

Warden WILLIAM DUNFERHL,

Respondent.

cv 113-078

O R D E R

After a careful, de novo review of the file, the Court concurs with the Magistrate

Judge's Report and Recommendation,

to which no obj ections have been filed. Accordingly,

the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of

the Court. The instant filing docketed as a petition under 28 U.S.C. g 2254 is DISMISSED.

The Court "must issue or deny a certificate of appealability when it enters a final

order adverse to the applicant" on a i 2254 petition. Rule 1 1(a) to the Rules Goveming

Section 2254 Proceedings. As the Magistrate Judge explained, however, while the instant

filing' was docketed as a $ 2254 petition before it was transferred to this District fiom the

Northem District of Georgia, it appeared to be merely a "false start" by Petitioner at

commencing a $ 2254 case, which he then did by submitting a $ 2254 petition in another

tln the filing, titledNotice ofAppeal to Fed. District Court, Petitioner states onlythat
he wishes to "appeal the denial of Supreme Court of GA in application for certificate of
probable cause on denial of habeas corpus in Superior Court of Baldwin County,
Milledgeville, GA." (Doc. no. 1, p. 1.)

Case 1:13-cv-00078-JRH-BKE Document 7 Filed 07/30/13 Page 2 of 2

case in which service ofprocess has been directed, Samuels v. Danforth, CV 1 13-084 (S.D.

Ga. May 17,2013). (ScgCenglaly doc. no. 5.) The Court thus declines to issue or deny a

certificate of appealability in this instance.

Upon the foregoing, this civil action shall be CLOSED. Moreover, Petitioner is

instructed that, in the future, when filing any documents related to his $ 2254 case in this

District. he should caotion such documents with case number "CV 113-084."

SO ORDERED this ?d4ut ofruty,2013, at Augusta, Georgia.

STATES DISTRICT JUDGE
DISTRICT OF GEORGIA