SLATON v. STATE OF GEORGIA

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IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
MARCUS OCTAVIOUS SLATON, 	:
:
Petitioner, 	:
:
v. 	: 	No. 5:24‐CV‐175‐CAR‐CHW
:
:
WARDEN TIMOTHY SALES, 	: 	Proceedings under 28 U.S.C. § 2254
:
Respondent. 	:
___________________________________ :
ORDER ON REPORT AND RECOMMENDATION
Before 	the 	Court 	is 	the 	United 	States 	Magistrate 	Judge’s 	Report 	and
Recommendation to grant Respondent’s Motion to Dismiss and dismiss Petitioner’s
habeas petition and his motions for mandamus, construed as amendments to the
petition, because Petitioner does not present a federal question or issue, and he has not
identified any constitutional issue; moreover, even if Petitioner had raised a federal
question or constitutional issue, his claims are procedurally defaulted. 	Petitioner did
not file an objection, and the time in which to do so has expired. Having considered the
Recommendation, the Court agrees with the findings and conclusions of the United
States Magistrate Judge.
Case 5:24-cv-00175-CAR-CHW Document 39 Filed 02/10/26 Page 1 of 2

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Thus, the Recommendation [Doc. 36] is ADOPTED and MADE THE ORDER
OF THE COURT. Respondent’s Motion to Dismiss [Doc. 26] is GRANTED; Petitioner’s
two motions for writ of mandamus [Docs. 19 & 20], construed as amendments to the
petition, are DENIED; and Petitioner’s habeas petition [Doc. 9] is hereby DISMISSED.
Petitioner’s recast petition for writ of habeas corpus raising the same issues [Doc. 37] is
DISMISSED as duplicative, and his Motion to Request Final Disposition [Doc. 38] is
MOOT. Additionally, because Petitioner has failed to make a substantial showing of
the denial of a constitutional right, a certificate of appealability is DENIED.
SO ORDERED, this 10th day of February, 2026.
S/ C. Ashley Royal 	______________
C. ASHLEY ROYAL, SENIOR JUDGE
UNITED STATES DISTRICT COURT
Case 5:24-cv-00175-CAR-CHW Document 39 Filed 02/10/26 Page 2 of 2