Holmes v. United States Of America

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 5 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 1/31/18. (trb)

IN THE UNITED STATES DISTRICT cOURi'

THE SOUTHERN DISTRICT OF GEORG&^®^^^®""

Of Ga.

SAVANNAH DIVISION

Offie©

Hda-

DARIUS ANDRE HOLMES,

a(S_

^Sty ClifF
Petitioner,
CASE NOS. CV417-147

V.

CR415-144

UNITED STATES OF AMERICA,

Respondent.

ORDER

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

(Doc.

record,
are

the

(Doc.

8).

After

Court

without

5),
a

which

careful

concludes

merit.

Recommendation

to

objections

de

that

novo

as

the

review

Petitioner's

Accordingly,

is ADOPTED

have

the

Court's

been

of

the

objections

Report

opinion

in

and
this

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

DENIED.

In

Certificate

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

advances

the

general

argument that the Government is unable to establish that
his prior convictions qualify as predicate offenses under
the

Armed

Career

Criminal

Act

("ACCA")

because

the

state