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)

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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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