Boyd v. United States Of America

Filing 6

ORDER adopting re 3 Report and Recommendations. Therefore, petitioner's motion under 2255 is Dismissed and this case is Closed. COA is Denied in this case. Signed by Judge Dudley H. Bowen on 11/10/11. (cmr)

IN THE UNITED STATES DISTRICT COURT

FILED
U.S.DISTRICT COURT

Al! (1JSTA DIV.

FOR THE SOUTHERN DISTRICT OF GEORGIA 2011 NOV 10 A Ii : 21
AUGUSTA DIVISION
STEVEN B. BOYD,
Petitioner,
CV 111-136
(Formerly CR 198-012)

V.

UNITED STATES OF AMERICA,
Respondent.

ORDER

After a careful, de novo review of the file, the Court concurs with the Magistrate
Judge's Report and Recommendation, to which objections have been filed. Accordingly, the
Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of the
vomit
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 informa pauperis.
See 28 U.S.C. § 1915(a)(3).
Upon the foregoing, Petitioner's motion brought pursuant to 28 U.S.C. § 2255 is
DISMISSED, and this civil action is CLOSED.
SO ORDERED this

day of November, 2011, at Augusta, Georgia.

UN4ATScT&9

"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