Lightner v. United States of America
Filing
5
ORDER ADOPTING the Magistrate Judge's 3 Report and Recommendation as the opinion of the Court. A COA is DENIED in this case. Accordingly, movant is not entitled to appeal in forma pauperis. Signed by Judge Lisa G. Wood on 3/6/2018. (csr)
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tor ttie ^oitttiem IBiOtrict ot C»eorsto
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LANCE LIGHTNER,
Movant,
CV417-227
V.
CR416-088
UNITED STATES OF AMERICA,
Respondent.
ORDER
After
a
careful,
de
novo
concurs with the Magistrate
to
which
and
objections
Recommendation
have
of
Judge's
been
the
review
of
Report
filed.
Magistrate
the
file,
Court
and Recommendation,
Accordingly,
Judge
the
is
the
Report
ADOPTED as
the
opinion of the Court.
Further,
must
a
obtain
a
appealing
corpus.
the
28
prisoner seeking relief under 28
certificate
denial
U.S.C.
§
of
his
of
appealability
application
2253(c)(1)(B).
for
U.S.C.
(^^COA")
writ
2255
before
of
This Court ^'must
§
habeas
issue or
deny a certificate of appealability when it enters a final order
adverse
to
the
applicant."
Section 2255 Proceedings.
the
prisoner makes
a
constitutional right."
A0 72A
(Rev. 8/82)
Rule
11(a)
to
the
Rules
Governing
This Court should grant a COA only if
"substantial
28 U.S.C.
showing
of
§ 2253(c)(2).
the
denial .of
a
For the reasons
set forth in the Report and Recommendation,
of the standards enunciated in Slack v.
482-84
(2000),
Accordingly,
and in consideration
McDaniel,
529 U.S.
movant has failed to make the requisite showing.
a COA is DENIED in this case.^
Moreover, because
there are no non-frivolous issues to raise on appeal,
would not be
entitled
to
473,
taken in good faith.
appeal
in
forma
Accordingly,
pauperis.
an appeal
movant
See
is not
28 U.S.C.
§ 1915(a)(3).
SO ORDERED t h i s
2018.
'LISA GODBEY WOOD, JUDGE
'ED STATES DISTRICT COURT
ITHERN
DISTRICT OF GEORGIA
^^If the court denies a certificate, [a party] may not appeal
the denial but may seek a certificate from the court of appeals
under Federal Rule of Appellate Procedure 22." Rule 11(a) to the
Rules Governing Section 2255 Proceedings.
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