Ceja v. United States of America

Filing 31

ORDER ADOPTING 23 Report and Recommendations; DENYING 11 Motion to Amend/Correct, GRANTING IN PART and DENYING IN PART 22 Motion to Appoint Counsel, and DENYING a COA in this case. Final Judgment is entered in favor of Respondent and this civil action stands CLOSED. Signed by Chief Judge J. Randal Hall on 07/12/2017. (maa)

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

JAMIE CEJA,

Petitioner,
CV 115-018

v.

(Formerly CR 111-359)
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. (Doc. nos. 28,
30.) The Court OVERRULES the objections, GRANTS IN PART and DENIES IN
PART Petitioner's motions to appoint counsel (doc. no. 22; CR 111-359, doc. nos. 119,

133), DENIES Petitioner's motion to amend (doc. no. 11), ADOPTS the Report and
Recommendation of the Magistrate Judge as its opinion, and DENDZS the instant petition
brought pursuant to 28 U.S.C. § 2255.

Further, a federal prisoner must obtain a certificate of appealability ("COA") before

appealing the denial ofhis 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 ofthe denial ofa 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 informa pauperis.
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^day ofJuly, 2017, at Augusta, Georgia.

J. RANDAL HALL, 0H1EF JUDGE
UNITED STATES DISTRICT COURT
iRN DISTRICT OF GEORGIA

'"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.