Cooks v. United States of America
Filing
5
ORDER adopting 3 Report and Recommendations; dismissing Petitioner's motion filed pursuant to 28 U.S.C. § 2255; denying a Certificate of Appealability; stating that Petitioner is not entitled to appeal in forma pauperis; and closing this civil action. Signed by Judge J. Randal Hall on 05/23/2014. (jah)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
TYRON LARON COOKS,
Petitioner,
CV 114-091
v.
(Formerly CR 112-254)
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 Recommendation of the Magistrate
Judge as its opinion and DISMISSES 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 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, the
Court DENIES a COA 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, the Court CLOSES this civil action.
SO ORDERED thiso^dayofMay, 2014ratT*tugusta, Georgia.
HONORABLE J. RA1
UNITED/STATES DISTRICT JUDGE
TflERN DISTRICT OF GEORGIA
1"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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