Lane v. United States of America

Filing 30

ORDER regarding Certificate of Appealability. The Court will not issue a Certificate of Appealability in this case because it is frivolous. Signed by Judge Dudley H. Bowen on 4/19/17. (cmr)

IN THE UNITED STATES DISTRICT COURT FOR THE FILED

SOUTHERN DISTRICT OF GEORGIA

U.S. DISTRICT COURT

AUGUSTA DIVISION

im APR n P 12: 38
UNITED STATES OF AMERICA

*
*

CV 116-006 CLERK

*

V.

(underlying CR'-l;06-"62'8) OA.

*

JEREMIAH

LANE

*

ORDER

In January 2016, Defendant Jeremiah Lane filed a motion
to vacate, set aside or correct his federal sentence pursuant

to 28 U.S.C. § 2255.

The motion was determined to be untimely

under AEDPA and dismissed on April 18, 2016.
Circuit

then

appealability

denied

in

Defendant's

the

case

on

motion

for

September

The Eleventh
certificate

21,

2016.

of

Yet,

Defendant persists in vexing the court system with frivolous
motions for reconsideration and appeals in this and in his
underlying criminal case.

It has been one year since judgment

was entered, and Defendant has yet another appeal pending in
the case, which was occasioned by the Eleventh Circuit's grant
of partial relief to Defendant in mandating that this Court
file a notice of appeal, no matter how frivolous or vexatious
the litigant was determined to be.

Presently, the Eleventh

Circuit wishes this Court to state its opinion on whether

Defendant is entitled to a Certificate of Appealability in the
case.

Defendant has appealed this Court's denial of his motion
for reconsideration filed after the Eleventh Circuit denied a

Certificate of Appealability.

As stated in that Order, the

motion is "frivolous and a waste of judicial resources."
{Doc. No. 22.)

to

make

a

Because of its frivolity, Defendant has failed

substantial

constitutional right.

showing

of

the

denial

of

a

Therefore, this Court will not issue a

Certificate of Appealability in the case. See 28 U.S.C. §
2253(c)(1)(B).

ORDER ENTERED at Augusta, Georgia, this

day of

April, 2017.

UNITED STATES DISTRICT JUDG