Schoener v. United States of America
ORDER ADOPTING 2 Report and Recommendations of the Magistrate Judge as the opinion of the Court. The COA is DENIED in this case and movant is not entitled to appeal in forma pauperis. Signed by Judge Lisa G. Wood on 3/6/2018. (ca)
for tfie ^oittl^em BifiCtrtit of 4leorgta
UNITED STATES OF AMERICA,
concurs with the Magistrate Judge's Report and Recommendation,
to which no objections have been filed.
Accordingly, the Report
opinion of the Court.
Further, a prisoner seeking relief under 28 U.S.C. § 2255
28 U.S.C. § 2253(c)(1)(B).
This Court ''must issue or
deny a certificate of appealability when it enters a final order
adverse to the applicant."
Section 2255 Proceedings.
This Court should grant a COA only if
a "substantial showing of the
Rule 11(a) to the Rules Governing
28 U.S.C. § 2253(c)(2).
denial of a
For the reasons
set forth in the Report and Recommendation, and in consideration
of the standards enunciated in Slack v, McDaniel, 529 U.S. 473,
482-84 (2000), movant has failed to make the requisite showing.
Accordingly, a COA is DENIED in this case.^
there are no non-frivolous issues to raise on appeal, an appeal
.would not be taken in good faith.
Accordingly, movant is not
: Marcl^ 2018.
SO ORDERED this
UNmiD STATES DISTRICT COURT
SOUTHERN 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.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?