Riner v. United States of America

Filing 4

ORDER ADOPTING 2 Report and Recommendations, DISMISSING Petitioner's 2255 motion, and DENYING a COA in this case. This case stands CLOSED. Signed by Judge Dudley H. Bowen on 01/03/2017. (maa)

FILED

US. DISTRICT COURT
.mIR'ISTA OIV.
IN THE UNITED STATES DISTRICT COURT

zon JAN-3 PH 3: 19
FOR THE SOUTHERN DISTRICT OF GEORGIA

CL.ERK.L,

DUBLIN DIVISION

SO JJiST. OF GA.

BRITTANY RINER,
Petitioner,
CV 316-093

V.

(Formerly CR 310-012)
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 no objections have been filed. Accordingly,
the Court 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 ("CCA") before
appealing the denial of her 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 ofthe 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