Walker v. United States Of America
ORDER ADOPTING the 8 REPORT AND RECOMMENDATIONS as the Court's opinion, granting Respondent's 3 Motion to Dismiss, and dismissing Petitioner's motion filed pursuant to 28 U.S.C. § 2255. Accordingly, Petitioner is denied a COA in this case and Petitioner is not entitled to appeal IFP. The Clerk is directed to close this case with judgment in favor of Respondent. Signed by Judge Dudley H. Bowen on 09/14/2020. (jlh)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
DAVID JAMAL WALKER,
UNITED STATES OF AMERICA,
A 10-- 00
(Formerly CR 317-005)
After a careful, cle novo review of the file, the Court concurs with the Magistrate
Judge’s Report and Recommendation, to which no objections have
Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge
as its opinion, GRANTS Respondent’s motion to dismiss, (doc. no. 3), and DISMISSES
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 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. 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.'
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.
^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 14"’ day of September, 2020, at Augusta, Georgia.
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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