Nix v. United States Of America

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 17 Report and Recommendations. Any request by Petitioner for leave to appeal in forma pauperis must be dismissed as moot. Signed by Judge William T. Moore, Jr on 4/16/2012. (loh) Modified on 4/17/2012 (loh).

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA 20I7APR 17 AN 9:O
SAVANNAH DIVISION
C
THOMAS EDWARD NIX,
)
Petitioner,

V.

CASE NO. CV411-160

UNITED STATES OF AMERICA,
Respondent.

ORDER
Before the Court is the Magistrate Judge's Report and
Recommendation (Doc. 17), to which objections have been
filed (Doc. 22). After a careful de novo review of the
record in this case, the Court concurs with the report and
recommendation and concludes that Petitioner's objections
are without merit. Accordingly, the report and
recommendation is ADOPTED as the Court's opinion in this
case and Petitioner's § 2255 claim is DENIED. The Clerk of
Court is DIRECTED to close this case.
Pursuant to 28 U.S.C. § 2253(c), an appeal may not be
taken in this matter unless the court issues a Certificate
of Appealability. This certificate may issue only if the
Petitioner has made a substantial showing of the denial of
a constitutional right.
484

(2000) .

The

Slack v. McDaniel, 529 U.S. 473,
Court has

carefully considered

Petitioner's case and finds that he cannot meet the above
standard. As a result, any request by Petitioner for leave
to appeal in forma pauperis must be

DISMISSED AS MOOT.

SO ORDERED this /Vciay of April 2012.

WILLIAM T. MOORE, JR.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

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