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
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