Johnson v. United States of America

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 10 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 on appeal. The Clerk of Court is directed to close this case. Signed by Judge William T. Moore on 9/29/17. (jrb)

U. S. DISTRICT COURT

IN THE UNITED STATES DISTRICT COURT
THE SOUTHERN DISTRICT OF GEORGIA

District of Ga.
Filed in Office

SAVANNAH DIVISION

ANTONIO FRANKLIN JOHNSON,

Deputy Clerk

Petitioner,
CASE NOS. CV417-055

V.

CR414-415

UNITED STATES OF AMERICA,

Respondent.

ORDER

Before the Court is the Magistrate Judge's Report and

Recommendation (Doc. 10), to which objections have been

filed (Doc. 13). After a careful de novo review of the

record, the Court concludes that Petitioner's objections
are

without

merit.

Accordingly,

the

Report

and

Recommendation is ADOPTED as the Court's opinion in this
case. As a result, 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.

In his objections, Petitioner contends that that his
counsel

was

ineffective

for

failing

to

object

to

the

Presentence Investigation Report's ("PSI") conclusion that
Petitioner

had

committed

two

predicate

offenses

under