Preetorious v. United States of America

Filing 14

ORDER adopting 7 Report and Recommendations, denying without an evidentiary hearing Petitioner's motion filed pursuant to 28 U.S.C. § 2255, and denying 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 Chief Judge J. Randal Hall on 10/12/2017. (thb) Modified on 10/12/2017 (thb). Modified on 10/12/2017 (thb).

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

REGINA M. PREETORIUS,

Petitioner,
CV 116-206

v.

(Formerly CR 112-204)
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. 13).
Plaintiff does not offer any new information, evidence, or argument that warrants a deviation

from the Magistrate Judge's recommendation. Accordingly, the Court ADOPTS the Report
and Recommendation of the Magistrate Judge as its opinion, and DENIES without an

evidentiary hearing 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 her motion to vacate. This Court "must issue or deny acertificate 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 ofthe 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.1
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.
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 Respondent.

SO ORDERED this /2 day of October, 2017, at Augusta, Georgia.

J. R&NBKL HALL, CHIEF JUDGE

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

u'If the court denies a certificate, a party may not appeal the denial but may seek a

certificate from the court ofappeals under Federal Rule ofAppellate Procedure 22." Rule 11(a)
to the Rules Governing Section 2255 Proceedings.