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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IN THE UNITED STATES DISTRICT

soRGiar"'^
THE SOUTHERN DISTRICT OF GEORGI

PM 2: hO

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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