Reeves v. United States of America

Filing 8

ORDER ADOPTING 5 Report and Recommendations, OVERRULING Petitioner's objections, and DISMISSING Petitioner's 2255 motion. The Court DENIES a COA and this civil action stands CLOSED. Signed by Judge Dudley H. Bowen on 11/16/2016. (maa)

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

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CLEPT'
ED. EiS r. f.:-OA.

FRANK EMERY REEVES,

Petitioner,
CV 116-098

V.

(Formerly CR 106-010)
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 ("R&R"), to which objections have been filed. (Doc.

no. 7.) Petitioner does not offer any new information, evidence, or argument that warrants
deviation from the Magistrate Judge's recommendation.

Accordingly, the Court

OVERRULES Petitioner's objections, ADOPTS the Report and Recommendation of the
Magistrate Judge as its opinion, and DISMISSES Petitioner's motion filed pursuant to 28
U.S.C. § 2255.

Further, a federal prisoner must obtain a certificate of appealability ("COA") 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 of a constitutional right." 28 U.S.C. § 2253(c)(2).
For the reasons set forth in the Report and Recommendation, and in consideration of the