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)

tKmteb States! Btsstnct Court

tor ttie ^oitttiem IBiOtrict ot C»eorsto
^obantta:]^ 29tiitOton
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.