McKay v. United States of America

Filing 28

ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS 27 as the Court's opinion in this case. Movant's Amended Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. § 2255 (Doc. 67 ) is DISMISSED. Movant is not entitled to a COA. Signed by Judge William T. Moore, Jr on 3/23/2021. (ca) Modified on 3/23/2021 (ca).

Case 4:16-cv-00081-WTM-CLR Document 28 Filed 03/23/21 Page 1 of 2

IN THE XJNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

JOHNQUL RAMON MCKAY,
Movant,
CASE NO. CR407-226

V.

CV416-081

UNITED STATES OF AMERICA,

Respondent.

ORDER

Before the Court is the Magistrate Judge's Report and
Recommendation (Doc. 69), to which no objections have been
filed.^

After a careful review of the record, the report and

recommendation is ADOPTED as the Court's opinion in this case.
As a result, Movant's Amended Motion to Vacate, Set Aside, or
Correct

Sentence

under

28

U.S.C.

§ 2255

(Doc.

67)

is

DISMISSED. Applying the Certificate of Appealability (COA)
standards set forth in Brown v. United States, Nos. 407CV085,

403CR001, 2009 WL 307872 at *1-2 (S.D. Ga. Feb. 9, 2009), the
Court discerns no COA-worthy issues at this stage of the
litigation. Therefore, Movant is not entitled to a COA. See
28 U.S.C. § 2253(c)(1); 28 U.S.C. § foil. § 2255, Rule 11(a)

(^'The district court must issue or deny a certificate of

^ Unless otherwise stated, all citations are to Movant's
criminal docket on this Court's electronic filing system,
CR407-226.

Case 4:16-cv-00081-WTM-CLR Document 28 Filed 03/23/21 Page 2 of 2

appealability when it enters a final order adverse to the
applicant.

.

SO ORDERED this

*** day of March 2021.

WILLIAM T. MOORE,
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF GEORGIA