Opinion

Brown v. Brantley

Court
District Court, S.D. Georgia
Filed
May 5, 2025
Cited by
0 cases
Authority
More cited than 35.1%

“[S]tate prisoners proceeding under § 2241 must obtain a COA to appeal.”

How later courts described this case

  • “[S]tate prisoners proceeding under § 2241 must obtain a COA to appeal.”

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA

AUGUSTA DIVISION

PATRICK BROWN, )

Petitioner,

v. CV 125-047

SHERIFF GINO BRANTLEY,

Respondent.

ORDER

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

Judge’s Report and Recommendation, to which no objections have been filed. Accordingly,

the Court ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion,

and DISMISSES the petition filed pursuant to 28 U.S.C. § 2241 without prejudice.

Further, a state prisoner seeking relief under § 2241 must obtain a certificate of

appealability (“COA”) before appealing the denial of his application for a writ of habeas

corpus. See Sawyer v. Holder, 326 F.3d 1363, 1364 n.3 (11th Cir. 2003) (“[S]tate prisoners

proceeding under § 2241 must obtain a COA to appeal.”) 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.

SO ORDERED this a 7 day of , 2025, at Augusta,

Georgia. (

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OCREL.

HONORABLE J. RANDAL HALL

UNITED SYATES DISTRICT JUDGE

SOUTHERN DISTRICT OF GEORGIA

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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