Peek v. United States of America

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 11 Report and Recommendations. Petitioner's 28 U.S.C. § 2255 Petition is DENIED. 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 1/18/17. (jlm)

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IN THE UNITED STATES DISTRICT COURT FOR- 1

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THE SOUTHERN DISTRICT OF GEORGIA
THERN DISTRICT OF
SAVANNAH DIVISION

ANTHONY PEEK,

Petitioner,
CASE NOS. CV416-165

V.

CR408-221

UNITED STATES OF AMERICA,

Respondent.

ORDER

Before the Court is the Magistrate Judge's Report and
Recommendation
filed

(Doc.

record,

are

the

(Doc.

16).

Court

without

Recommendation

11),

After

a

to

careful

concludes

merit.

which

objections

de

that

novo

is ADOPTED

as the

review

Petitioner's

Accordingly,

the

Court's

have

been

of

the

objections

Report

opinion

and

in this

case. As a result. Petitioner's 28 U.S.C. § 2255 Petition
is

DENIED.

Certificate

In

of

addition.

Petitioner

Appealability,

is

rendering

not

entitled

moot

any

to

a

request

for in forma pauperis status on appeal. The Clerk of Court
is DIRECTED to close this case.

In his objections. Petitioner contends that his prior
convictions

in

Georgia

Superior

Court

for

burglary

no

longer qualify as predicate offenses under the Armed Career
Criminal

Act

("ACCA")

following

the

Supreme

Court's

oq
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