Ubele v. United States Of America

Filing 23

ORDER denying 19 Motion to Correct re 15 Judgment; denying 22 Motion for Certificate of Appealability. Signed by Judge William T. Moore, Jr on 8/29/17. (loh)

IL^ DISTRICT COURT

IN THE UNITED STATES DISTRICT COURT
THE SOUTHERN DISTRICT OP GEORGIA

of GA
Filed In Office

SAVANNAH DIVISION

M

_ZZZZE@iL2oJzL
DONALD LEE UBELE,

"DeputyCleriT

Petitioner,
CASE NOS. CV416-143
CR405-012

V.

UNITED STATES OF AMERICA,
Defendant.

ORDER

Before

the

Court

are

Petitioner's

Motion

to

Correct

Pursuant to Federal Rule of Criminal Procedure 36 (Doc. 19)

and

Motion

After

for

careful

Certificate

consideration

of
of

Appealability
both

(Doc.

Plaintiff's

22).

Motion

to

Correct and the record, the Court concludes that Petitioner

is not entitled to relief. Accordingly, Petitioner's Motion
to Correct (Doc. 19) is DENIED.

The

Magistrate

Recommendation

Judge's

(Doc.

12)

that

March
was

23,

2017

adopted

by

Report
this

and

Court

(Doc. 14) recommended that no Certificate of Appealability
should issue. In addition, this Court's order adopting the

Report and Recommendation expressly stated that "Petitioner
[was] not entitled to a Certificate of Appealabilty." (Id.
at

1.) Therefore,

this

Court

will

construe

Petitioner's