Lerner v. United States Of America

Filing 19

ORDER adopting re 16 Report and Recommendations and denying the Petition. The Clerk is directed to close this case. Any request for leave to appeal IFP must be dismissed as moot Signed by Judge William T. Moore, Jr on 9/28/12. (bcw)

FILED
U.S. DISTRICT COURT
SAVANNAH OV.

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORc2 SEP 28 PH 2:28
SAVNAB DIVISION
GERALD LERNER,
Petitioner,
V.

CASE NOS. CV411-321
CR4 10-048

UNITED STATES OF AMERICA,
Respondent.

ORDER
Before the Court is the Magistrate Judge's Report and
Recommendation (Doc. 16), to which no objections have been
filed. After a careful de novo review of the record, the
report and recommendation is ADOPTED as the Court's opinion
in this case, and the Petition 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
Petitioner has made a substantial showing of the denial of
a constitutional right.

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

484 (2000) . After careful consideration, the Court finds
no issues in this case that merit the issuance of a
Certificate of Appealability. As a result, any request for

leave to appeal in forma pauperis must be DISMISSED AS
MOOT.
SO ORDERED this

day of September 2012.

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