Carter, IV v. United States of America
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
THE SOUTHERN DISTRICT OF GEORGI
PM 2: hO
UNITED STATES OF AMERICA,
Before the Court is the Magistrate Judge's Report and
Petitioner's 28 U.S.C.
is ADOPTED as
case. As a result.
§ 2255 Petition
for in forma pauperis status on appeal. The Clerk of Court
is DIRECTED to close this case.
In his objections.
Petitioner continues to argue that
engaged in an extramarital affair during the
time Petitioner faced prosecution.
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)
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,
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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