Ruff v. United States of America

Filing 4

ORDER ADOPTING 2 Report and Recommendations, DISMISSING 1 Motion and CLOSING this civil action. Signed by Judge Dudley H. Bowen on 09/27/2016. (maa)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE SOUTHERN DISTRICT OF GEORGL^Oll, %i? 21 A 10= 2^

AUGUSTA DIVISION

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MARREO MONTEOUS RUFF,
Petitioner,
CV 116-114

V.

(Formerly CR 115-018)
UNITED STATES OF AMERICA,

Respondent.

ORDER

After a careful, de mvo review of the file, the Court concurs with the Magistrate

Judge's Report and Recommendation, to which no objections have been filed. Accordingly,
the Court ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion,
DENIES the motion for appointment of counsel (CR 115-018, doc. no. 59) and DISMISSES
the motion filed pursuant to 28 U.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 fmai 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
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 pauperis.
See28U.S.C. § 1915(a)(3).

Upon the foregoing, the Oiurt CLOSE!^ this civil action.

SO ORDERED thiP^/day of _

^

. 2016, at Augusta, Georgia.

UNITED STATES DISTRICT JUDGE

''Tf the court denies a certificate, a party may not appeal the denial but may seek a
certificate from tlie court of appeals under Federal Rule of Appellate Procedure 22." Rule 11(a)
to the Rules Governing Section 2255 Proceedings.