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
Warden WILLIAM DUNFERHL,
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