Anthony Burnett v. Michael Graham, Warden

Summary

The United States District Court for the Southern District of Georgia adopts the Magistrate Judge’s Report and Recommendation and dismisses Anthony Burnett’s petition under 28 U.S.C. § 2254. The court denies a certificate of appealability, determines that an appeal would not be taken in good faith, denies leave to appeal in forma pauperis, and closes the civil action.

Holdings

1. The court adopted the Magistrate Judge's Report and Recommendation as its opinion and dismissed the § 2254 petition.
2. A certificate of appealability was denied because Burnett failed to make the requisite substantial showing of the denial of a constitutional right.
3. Burnett was not entitled to appeal in forma pauperis because the court determined that an appeal would not be taken in good faith.

Questions Presented

1. Whether the § 2254 petition should be dismissed for the reasons stated in the Magistrate Judge's Report and Recommendation.
2. Whether Burnett was entitled to a certificate of appealability.
3. Whether Burnett was entitled to proceed in forma pauperis on appeal.

Disposition

dismissed