# Brown v. Brantley

> District Court, S.D. Georgia · May 5, 2025

URL: https://www.frixlaw.com/law-library/cases/10996326

## Case

- **Court:** District Court, S.D. Georgia
- **Decided:** May 5, 2025
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10996326

## Opinion text

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. (
x) of ,, Lo
Ye a 4 /
OCREL.
HONORABLE J. RANDAL HALL
UNITED SYATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10996326. Public record. Not legal advice.