Carter v. UNITED STATES OF AMERICA
Filing
10
ORDER ADOPTING 7 Report and Recommendations. Petitioner's Motion filed pursuant to 28 U.S.C. §2255 is denied. Further, Petitioner is denied COA in this case and denied leave to proceed ifp on appeal. This case stands closed. Signed by Judge Dudley H. Bowen on 5/10/2018. (pts)
FiLEO
U.S. DISTRICT COURT
IN THE UNITED STATES DISTRICT COURT
AUGUb FA D!V.
2018 HAY 10 PM3:09
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
Of GA.
MELYIN CHRISTOPHER CARTER,
Petitioner,
CV 117-130
V.
(Formerly CR 112-176)
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. 9.)
Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge
as its opinion, and therefore DENIES Petitioner's motion filed pursuant to 28 U.S.C. § 2255
without an evidentiary hearing.
Further, a federal prisoner must obtain a certificate of appealability C'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
standards enunciated in Slack v. McDanieh 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.
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
of May,2018, at Augusta, Georgia.
UNITED
ES DISTRICT JUDO
'"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.
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