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.