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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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.

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