Ford v. United States Of America

Filing 11

ORDER adopting 6 Report and Recommendations; denying without an evidentiary hearing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255); denying a COA in this case; and closing this civil action. Signed by Judge Dudley H. Bowen on 10/24/2016. (thb)

FILED
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IN THE UNITED STATES DISTRICT COURT

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FOR THE SOUTHERN DISTRICT OF GEORGIA^CL OCT 2^ Pil 3- 27
AUGUSTA DIVISION

CLERK
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DEMETRIUS KERON FORD,
Petitioner,
CV 115-034

V.

(Formerly CR 107-167)
UNITED STATES OF AMERICA,

Respondent.

ORDER

After a careful, de novo review of the file, the Court concurs in part with the

Magistrate Judge's Report and Recommendation ("R&R"). to which objections have been
filed. (Doc. no. 9.) The Magistrate Judge recommended denial of Petitioner's § 2255
motion without an evidentiaty' hearing because Petitioner's motion was untimely and because

Petitioner procedurally defaulted his claims. (Doc. no. 6.)

Petitioner raises eleven

objections, restating numerous arguments the Magistrate Judge already addressed at length in
the R&R, and accordingly, only a few objections bear further discussion. Three merit
discussion here.

First, the Magistrate Judge determined Petitioner could not show actual innocence
needed to overcome his procedurally defaulted claim his plea was involuntaiy and

unintelligent because Petitioner did not object to statements within the PSI demonstrating his
guilt. (Doc. no. 26, p. 13.) Specifically, the Magistrate Judge cited a statement from the PSI
that Petitioner knew his co-defendant was carrying a firearm at the time of the Dodge