Livingston v. United States of America
Filing
10
ORDER ADOPTING REPORT AND RECOMMENDATIONS dismissing 2255 petition re 7 Report and Recommendations and granting 3 Motion to Dismiss filed by United States of America. 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 1/17/17. (jlm)
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IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIJ^'^ H ||f| 17 pf|
,g
SAVANNAH DIVISION
f •
'
"
,
ROY GENE LIVINGSTON,
=^5 f. WIjA.
Petitioner,
CASE NOS. CV416-129
V.
CR494-030
UNITED STATES OF AMERICA,
Respondent.
ORDER
Before the Court is the Magistrate Judge's Report and
Recoiranendation
filed
(Doc.
record,
are
the
(Doc.
9).
After
Court
without
Recommendation
7),
to
a
which
careful
concludes
merit.
objections
de
that
novo
as the
review
Petitioner's
Accordingly,
is ADOPTED
have
the
Court's
been
of
the
objections
Report
opinion
and
in this
case. As a result. Respondent's Motion to Dismiss (Doc. 3)
is
GRANTED
DISMISSED.
and
In
Certificate
of
Petitioner's
addition.
28
U.S.C.
Petitioner
Appealability,
§ 2255
is
not
rendering
Petition
entitled
moot
any
to
is
a
request
for in forma pauperis status on appeal. The Clerk of Court
is DIRECTED to close this case.
In
his
objections.
Petitioner
argues
that
Georgia's
burglary statute "may no longer qualify as an [Armed Career
Criminal
Act]
predicate"
following
the
Supreme
Court's
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