Johnson v. United States Of America
Filing
5
ORDER adopting 3 Report and Recommendation; dismiss as untimely the instant motion filed pursuant to 28 U.S.C. § 2255; denying a COA in this case; and closing this civil action. Signed by Judge J. Randal Hall on 09/24/2014. (thb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
TERRELL R. JOHNSON,
Petitioner,
CV 114-148
v.
(Formerly CR 112-129)
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 as untimely the instant 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.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.
SO ORDERED this/^*ftjay ofSeptember, 2014, at Augusta, Georgia.
HONORABLE J. RANDAL HALL
UNITED>J8TATES DISTRICT JUDGE
[ERN DISTRICT OF GEORGIA
u'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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