Clemons v. United States of America

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 9 Report and Recommendations. Petitioner's 28 U.S.C. § 2255 Petition is DENIED. In addition. Petitioner is not entitled to a Certificate of Appealability, rendering moot any request for in forma pauperis status on appeal. The Clerk of Court is DIRECTED to close this case. Signed by Judge William T. Moore, Jr on 2/3/17. (jlm)

y.S.r,
IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA

p:

SAVANNAH DIVISION

EDDIE LEE CLEMONS,

-•

{. ur Ga,

Petitioner,
CASE NOS. CV416-005

V.

CR408-225

UNITED STATES OF AMERICA,

Respondent.

ORDER

Before the Court is the Magistrate Judge's Report and
Recommendation

filed

(Doc.

9),

12). After

record, the
are

(Doc.

to

a

which

careful

objections

de

novo

have

review

been

of the

Court concludes that Petitioner's objections

without

merit.

Accordingly,

the

Report

and

Recommendation is ADOPTED as the Court's opinion in this
case. As a result. Petitioner's 28 U.S.C. § 2255 Petition
is DENIED.

Certificate

In

addition.

Petitioner

of Appealability,

is

rendering

not entitled

moot

any

to

a

request

for in forma pauperis status on appeal. The Clerk of Court
is DIRECTED to close this case.

In his objections. Petitioner contends that his prior
Georgia burglary convictions are not violent felonies under
the

Armed

Career

Criminal

Act

because

he

actually

2- 12

pled

guilty to lesser included offenses that did not include as