Jackson v. United States Of America

Filing 7

ORDER ADOPTING 5 REPORT AND RECOMMENDATIONS of the Magistrate Judge as the opinon of the Court. A COA is DENIED in this case. Signed by Judge Dudley H. Bowen on 4/29/11. (jg)

FILED

N THE UNITED STATES DISTRICT COURT

U.S. D1TC1 COURT

kA OV.

FOR THE SOUTHERN DISTRICT OF GEORGIA 2011 APR 21 P 1.: 12
AUGUSTA DIVISION

CLER K
AD 13 T - C ^ IG

JAMES JACKSON,
Petitioner,
V.

CV 110-003
(Former CR 107-130)

UNITED STATES OF AMERICA,
Respondent.

ORDER

After a careful, de nova review of the file, the Court concurs with the Magistrate
Judge's Report and Recommendation, to which no objections have been filed. Accordingly,
the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of
the Court. Therefore, Petitioner's § 2255 motion is DENIED.
Further, a federal prisoner must obtain a certificate of appealability ("COA") before
appealing the denial of his motion to vacate. This Court "must issue or deny a certificate of
appealability when it enters a final order adverse to the applicant." Rule 11(a) to the Rules
Governing Section 2255 Proceedings. 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, a COA is DENIED in this case.'
Moreover, because there are no non-frivolous issues to raise on appeal, an appeal would not
be taken in good faith. Accordingly, Petitioner is not entitled to appeal injórmapauperis.
See 28 U.S.C. § 1915(a)(3).
Upon the foregoing, Petitioner's § 2255 motion is DENIED, this civil action is
CLOSED, and a final judgment shall be ENTERED in favor of the United States of
America.
SO ORDERED this

of 1

2011, at Augusta. Georgia.

UNITED STAXES DISTRICT

' "If the court denies a certificate, a party may not appeal the denial but may seek a
certificate from the court of appeals under Federal Rule of Appellate Procedure 22." Rule
11(a) to the Rules Governing Section 2255 Proceedings.
2