Burriss v. Bond

Summary

The United States District Court for the Southern District of Georgia adopted the Magistrate Judge’s Report and Recommendation without objection and dismissed Michael Burriss’s petition. The court denied a certificate of appealability, denied in forma pauperis status on appeal, and directed the Clerk to close the case.

Holdings

1. The court adopted the Magistrate Judge's January 14, 2026 Report and Recommendation after de novo review and dismissed Burriss's petition.
2. No certificate of appealability should issue because the court discerned no COA-worthy issues at that stage of the litigation.
3. In forma pauperis status on appeal was denied because an appeal would not be taken in good faith.

Questions Presented

1. Whether the Magistrate Judge's Report and Recommendation should be adopted after de novo review when no objections were filed.
2. Whether a certificate of appealability should issue.
3. Whether the petitioner should be permitted to proceed in forma pauperis on appeal.

Disposition

dismissed