Carter, IV v. United States of America

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 12 Report and Recommendations and DENYING 6 Motion to Vacate filed by Herbert Carter, IV. 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 6/27/17. (jlm)

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[I r- ri' '-'•■•'-■ ■.i ..V, ,ri uiV. IN THE UNITED STATES DISTRICT soRGiar"'^ THE SOUTHERN DISTRICT OF GEORGI PM 2: hO ^f SAVANNAH DIVISION CL HERBERT CARTER, IV, Petitioner, CASE NOS. V. CV416-029 CR413-112 UNITED STATES OF AMERICA, Respondent. ORDER Before the Court is the Magistrate Judge's Report and Recommendation filed (Doc. record, are (Doc. 15. ) the Court without Recommendation DENIED. Certificate In of After to a which careful concludes merit. objections de that the novo the Court's Petitioner Appealability, is not been of the objections Report opinion Petitioner's 28 U.S.C. addition. have review Petitioner's Accordingly, is ADOPTED as case. As a result. is 12) , and in this § 2255 Petition entitled rendering 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. he is entitled to case agent Petitioner continues to argue that relief because the lead prosecutor and engaged in an extramarital affair during the time Petitioner faced prosecution. However, the Magistrate Judge is correct that the Government is not required to disclose this information prior to the entry of a guilty plea. See United States v. Ruiz^ 536 U.S. 622, 633 (2002) ("[T]he Constitution does not require the Government to disclose material impeachment evidence prior to entering a plea agreement with a criminal defendant."). Moreover, the record clearly indicates that Petitioner "ha[d] not been coerced or influenced into offering to plead guilty; that the plea [was] made voluntarily with an understanding of the charges and the consequences of the plea." (CR413-112, Doc. 51 19:22-24.) meritorious Petitioner argument that has failed extricates to him raise from any this voluntary plea of guilty. SO ORDERED this day of June 2017. WILLIAM T. MOORE, J^ UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA

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