Watts v. USA

Filing 7

ORDER adopting re 5 Report and Recommendations dismissing this case without prejudice. Petitioner is not entitled to a Certificate of Appealability, rendering moot any request for in forma pauperis status on appeal. Signed by Judge William T. Moore, Jr on 7/27/17. (trb)

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u.
IN

THE

UNITED

THE

STATES

SOUTHERN DISTRICT
SAVANNAH

LAMARLVIN A.

DISTRICT

COURT

FOR

OF GEORGIA

DIVISION

WATTS,

Petitioner,
CASE

V.

NOS.

CV417-097

CR415-188

UNITED STATES OF AMERICA,

Respondent.

ORDER

Before the

Court

Recoinmendation,

to

(Doc.

a

and

5.)

After

case.

As

the Magistrate

which
careful

recommendation

this

is

a

is

no

objections

review of

ADOPTED

result.

Judge's

as

the

the

have

Report

been

record,

the

Court's

Petitioner's

28

and

filed.
report

opinion

U.S.C.

in

§ 2255

petition is DISMISSED WITHOUT PREJUDICE.
In addition,

of

the Court DECLINES to issue a

Appealability

("COA")

in

this

case.

Certificate

Pursuant

to

28

U.S.C.

§ 2253(c),

an appeal may not be taken in this matter

unless

the

first

court

issue only if
the

denial

529

U.S.

considered

the

above

issues

a

COA.

Petitioner has made

of
473,

a

constitutional
484

(2000).

Petitioner's

standard.

As

case

a

and

result,

a

This

substantial

right.
The

certificate

Slack

Court

finds

that

showing of

v.

has
he

any request by

may

McDaniel,
carefully

cannot

meet

Petitioner