Gatson v. United States of America

Filing 33

ORDER denying as moot 30 Motion for Certificate of Appealability; denying as moot 31 Motion for Leave to Appeal in forma pauperis. Signed by Judge J. Randal Hall on 08/25/2016. (thb) Modified on 8/25/2016 (thb).

THE UNITED

STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

CHARLIE M.

GASTON,

•
•

Petitioner,

•

•

*

UNITED STATES OF AMERICA,

CV
C\ 414-065

*

v.

(Formerly CR 412-160)
(F

*
*

Respondent.

•

ORDER

On May 19, 2016, the United States Magistrate Judge issued

a Report and Recommendation wherein he recommended the denial of
Petitioner's motion brought pursuant to 28 U.S.C. § 2255.

At the

conclusion of the Report and Recommendation, the Magistrate Judge
recommended that a certificate of appealability not be issued.

On

June

13,

2016,

this

Court

Recommendation in its entirety.

adopted

the

Report

and

Petitioner has filed a notice of

appeal from the judgment in this case.

He has also moved for the

issuance of a certificate of appealability.

Because the Court

has already ruled on the matter, the motion (doc. 30) is DENIED
AS MOOT,

Consequently, Petitioner's motion to proceed in forma

pauperis on appeal (doc. 31) is also DENIED AS MOOT.

ORDER ENTERED at Augusta, Georgia, this ^JST^day of August,
2016.

HONQR^B^E J. RANDAL HALL

UNITE^TSTATES DISTRICT JUDGE
5RN DISTRICT OF GEORGIA