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
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'

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,

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