Robinson v. United States of America
Filing
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ORDER ADOPTING REPORT AND RECOMMENDATION that the Magistrate Judge's 2 Report and Recommendation is ADOPTED as the opinion of the Court; therefore, Petitioner's § 2255 is DISMISSED; accordingly, a COA is DENIED in this case and Petitioner is not entitled to appeal in forma pauperis; and, this civil action is CLOSED. Signed by Judge J. Randal Hall on 6/12/2012. (jah)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
TERRY L. ROBINSON,
Petitioner,
CV 112-063
(Formerly CR 108-021)
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 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 DISMISSED.
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 informapauperis.
S ee
U.S.C. § 1915(a)(3).
Upon the foregoing, this civil action is CLOSED.
SO ORDERED this .Lay of June, 2012, at Augusta, Georgia.
BLE J. RMt1L HkIiT
D STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA
HO
'"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.
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