Brown v. United States Of America

Filing 10

ORDER adopting 8 Report and Recommendations; denying without an evidentiary hearing 1 Petition filed pursuant to 28 U.S.C § 2255; denying a COA in this case. The Court closes this civil action and directs the Clerk to enter final judgment in favor of Respondent. Signed by Judge J. Randal Hall on 12/08/2014. (thb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

FORACE RAHEEM BROWN,

Petitioner,
CV 113-168

v.

(Formerly CR 111-182)
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 Court

ADOPTS the Report and Recommendationof the Magistrate Judge as its opinion, and therefore
DENIES without an evidentiary hearing Petitioner's motion filed pursuant to 28 U.S.C. § 2255.
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 Section2255 Proceedings. This Courtshould 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, the Court DENIES a COA in this case.1 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. See 28 U.S.C. § 1915(a)(3).
Upon the foregoing, the Court CLOSES this civil action and DIRECTS the Clerk to
enter final judgment in favor of Respondent.

SO ORDERED this <fclay ofDecember, 2014, at Augusta, Georgia.

HONOf^tBLE J. KANDAL HALL

UNITED/STATES DISTRICT JUDGE
[ERN DISTRICT OF GEORGIA

l"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.