Bruce v. United States of America

Filing 7

ORDER granting 5 Motion to Dismiss; adopting Report and Recommendations re 6 Report and Recommendations; denying 1 Motion to Vacate. In addition, the Court DECLINES to issue a Certificate of Appealability ("COA") in this case. As a result, any request by Petitioner for leave to appeal in forma pauperis would be moot. The Clerk of Court is DIRECTED to close this case. Signed by Judge William T. Moore, Jr on 8/30/17. (jlm)

U. S. DISTRICT COURT
Southern District of GA
IN THE UNITED STATES DISTRICT COURT Fpflfed |n Office
THE SOUTHERN DISTRICT OF GEORGIA

M

SAVANNAH DIVISION

T

LARRON R. BRUCE,

Clerk

Petitioner,
CASE NOS. CV417-049

V.

CR415-204

UNITED STATES OF AMERICA,

Respondent

ORDER

Before the Court is the Magistrate Judge's Report and

Recommendation,

to

which

no

objections

have

been

filed.

(Doc. 6.) After a careful review of the record, the report
and

recommendation

is

ADOPTED

as

the

Court's

opinion

in

this case. As a result, the Government's Motion to Dismiss
is

GRANTED

and

Petitioner's 28

U.S.C. § 2255 petition is

DENIED.

In addition, the Court DECLINES to issue a Certificate

of Appealability

("COA") in

this

case.

Pursuant to

28

U.S.C. § 2253(c), an appeal may not be taken in this matter
unless the court first issues a COA. This certificate may

issue only if Petitioner has made a substantial showing of
the denial of a constitutional right. Slack v. McDaniel,

529

U.S.

473,

484

(2000).

The

Court

has

carefully

considered Petitioner's case and finds that he cannot meet

the above standard. As a result, any request by Petitioner

for leave to appeal in forma

pauperis would be moot. The

Clerk of Court is DIRECTED to close this case.

SO ORDERED this .^^day of August 2017.
WILLIAM T. MOORE,
UNITED STATES DIST*RICT COURT
SOUTHERN

DISTRICT OF GEORGIA