Baker v. United States of America

Filing 10

ORDER denying 9 Motion for Certificate of Appealability. Signed by Judge William T. Moore, Jr on 6/1/2015. (loh)

FILED

IN THE UNITED STATES DISTRICT COURT FoRus DIST RICT COURT
THE SOUTHERN DISTRICT OF GEORGIA
§AV
ANpAH DIV.
SAVANNAH DIVISION

JUN - I 2015
MAURICE BAKER,
Petitioner,
V

CLERK
SOOIST.OFGA

)

CASE NOS. CV414-059
CR413-066

.

UNITED STATES OF AMERICA,
Respondent.
ORDER

Before the Court is Petitioner Maurice Baker's
Application for a Certificate of Appealability.

(Doc. 9.)

The Magistrate Judge's July 14, 2014 Report and
Recommendation
(Doc.

(Doc.

4), which was adopted by this Court

7), recommended that no Certificate of Appealability

should issue in this case and that, as a result, any
request for leave to appeal in forma pauperis should be
dismissed as moot (Doc. 4 at 7). Therefore, this Court
construes Petitioner's application as seeking
reconsideration of this Court's prior order adopting that
portion of the report and recommendation.
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). The Court has carefully considered Petitioner's
case and finds that he cannot meet the above standard.
Therefore, the Court sees no reason to disturb its prior
order. Accordingly, Petitioner's application (Doc. 9)
DENIED.

'S/-

SO ORDERED this 1

day of June 2015.

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

2

is