Goins v. United States of America

Filing 9

ORDER ADOPTING 3 Report and Recommendations, OVERRULING Petitioner's objections, DISMISSING Plaintiff's 2255 motion, DENYING a COA in this case and CLOSING this civil action. Signed by Judge Dudley H. Bowen on 01/18/2017. (maa)

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IN THE UNITED STATES DISTRICT COURT FILED U.S. DISTRICT COURT L' V.' FOR THE SOUTHERN DISTRICT OF GEORGIA -J ! r 1 J1! . ZOIl JAN 18 A D UT DUBLIN DIVISION CLERK. so. C!OT. fT HA. MICHAEL DERRICK GOINS, Petitioner, CV 316-069 V. (Formerly CR 314-002) 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. nos. 7, 8.) The Magistrate Judge recommended dismissal of the motion filed pursuant to 28 U.S.C. § 2255 on the basis it is untimely and Petitioner is not eligible for equitable tolling. ("See doc. no. 2.) Nothing in Petitioner's objections undermines the Magistrate Judge's recommendation, and only two objections warrant further comment. Petitioner first objects the Court did not liberally construe his motions requesting documents as a §2255 motion challenging the validity of his sentence. (Doc. no. 7, p. 2.); see United States v. Goins. CR 314-002, doc. nos. 384, 386 (S.D. Ga. April 19, 2016) (hereinafter "CR 314-002"). "Where a [pro se] motion, nominally seeking an extension of time, contains allegations sufficient to support a claim under section 2255, a district court is empowered, and in some instances may be required, ... to treat that motion as a substantive motion for relief under section 2255." Stewart v. United States. 646 F.3d 856, 857 n. 1 (11th

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