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
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