Hall v. UNITED STATES OF AMERICA
ORDER ADOPTING 4 Report and Recommendations, DISMISSING without prejudice Petitioner's motion filed pursuant to 28 U.S.C. § 2255, DENYING a COA in this case, and CLOSES this civil action. Signed by Judge Dudley H. Bowen on 09/18/2017. (maa)
IN THE UNITED STATES DISTRICT COURT ^'•S. OISTPICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA jgn SEP I 8 P 3- 3^
DARRELL CORRELL HALL,
(Formerly CR 316-001)
UNITED STATES OF AMERICA,
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.
Magistrate Judge recommended dismissing the case without prejudice because Petitioner has
a direct appeal pending, and no extraordinary circumstances warrant immediate review of
Petitioner's cuiTent claims. (See doc. no. 4.) In lieu of objections, Petitioner sent a letter to
the Clerk of Court explaining he agreed with the Magistrate Judge's recommendation for
dismissal, but he wants a new attorney assigned to his direct appeal.' (See doc. no. 6.) As
Petitioner's direct appeal is already pending in the Eleventh Circuit Court of Appeals, any
request related to those proceedings must be directed to the appellate court. Accordingly, the
Court ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion and
DISMISSES without prejudice Petitioner's motion filed pursuant to 28 U.S.C. § 2255.
The Clerk docketed the letter as a Motion to Dismiss. (Doc. no. 6.) The Court
DIRECTS the Clerk to TERMINATE the "motion" from the motions report.
Further, a federal prisoner must obtain a certificate of appealability ("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 CoyrLCLOSES this civil action.
SO ORDERED this
day of Septept^er, 2017, at Augi^a, Georgia.
UNITED STATES DISTRICT JUDG
^"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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