Lane v. United States of America

Filing 9

ORDER denying as moot 2 Motion to Appoint Counsel, denying as moot 3 Motion for Evidentiary Hearing, adopting 5 Report and Recommendations, and dismissing the petition brought pursuant to 28 U.S.C § 2255. The Court denies a COA in this case. The Court closes this civil action and directs the Clerk to enter final judgment in favor of Respondent. Signed by Judge Dudley H. Bowen on 04/18/2016. (thb)

IN THE UNITED STATES DISTRICT COURT

18 Pfi
FOR THE SOUTHERN DISTRICT OF GEORGIA

CLEkK

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AUGUSTA DIVISION

JEREMIAH LANE,
Petitioner,
CV 116-006

V.

(Formerly CR 106-028)
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. no, 7.)
Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge
as its opinion, DENIES AS MOOT Petitioner's motions to appoint counsel and for an
evidentiary hearing (doc. nos. 2, 3), and DISMISSES the instant petition brought pursuant to
28U.S.C. § 2255.

Further, a federal prisoner must obtain a certificate of appealability ("CCA") 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 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.'
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 in forma paiiperis.
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^^sptmdent.

SO ORDERED this ^ day of April, 2016, at Augusta, Georgia.
(
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UNITED STATES DISTRICT JUDGE

'"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.