Schoener v. United States of America
Filing
3
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)
States!IBisitnct Cowt
for tfie ^oittl^em BifiCtrtit of 4leorgta
^ofianitalb IBitiioion
CHRISTOPHER SCHOENER,
Movant,
CR416-313
V.
UNITED STATES OF AMERICA,
Respondent.
ORDER
After
a
careful,
de
novo
review
of
the
file,
the
Court
concurs with the Magistrate Judge's Report and Recommendation,
to which no objections have been filed.
and
Recommendation
of the
Magistrate
Accordingly, the Report
Judge
is ADOPTED
as the
opinion of the Court.
Further, a prisoner seeking relief under 28 U.S.C. § 2255
must
obtain
appealing
corpus.
the
a
certificate
denial
of
of
his
appealability
application
28 U.S.C. § 2253(c)(1)(B).
for
(^^COA")
writ
of
before
habeas
This Court ''must issue or
deny a certificate of appealability when it enters a final order
adverse to the applicant."
Section 2255 Proceedings.
the
prisoner
makes
A0 72A
This Court should grant a COA only if
a "substantial showing of the
constitutional right."
(Rev. 8/82)
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.^
Moreover, because
there are no non-frivolous issues to raise on appeal, an appeal
.would not be taken in good faith.
entitled
to
appeal
in
forma
Accordingly, movant is not
pauperis.
See
28 U.S.C.
§ 1915(a)(3).
: Marcl^ 2018.
SO ORDERED this
RON.
WOOD,^UDGE
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.
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