Watts v. United States Of America

Filing 11

ORDER granting 6 Motion to Dismiss; denying 7 Motion to Amend/Correct; denying as moot 9 Motion to Expedite; adopting the 10 Report and Recommendations as the opinion of the court. Signed by Judge William T. Moore, Jr on 10/15/20. (wwp) Modified on 10/15/2020 (wwp).

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Case 4:19-cv-00078-WTM-CLR Document 11 Filed 10/15/20 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION LAMARLVIN WATTS, Petitioner, CASE NO. CV419-078 V. CR415-188 UNITED STATES OF AMERICA, Respondent. ORDER Before the Court is the Magistrate Judge's Report and Recommendation {Doc. 10), to which no objections have been filed.^ After a careful review of the record, the report and recommendation is ADOPTED as the Court's opinion in this case. As a result, the Government's Motion to Dismiss (Doc. 6) is GRANTED; Petitioner's Motion to Amend (Doc. 7) is DENIED; and Petitioner's Motion to Expedite (Doc. 9) is DENIED AS MOOT. Applying the Certificate of Appealability (CCA) standards set forth in Brown v. United States, Nos. 407CV085, 403CR001, 2009 WL 307872 at *1-2 (S.D. Ga. Feb. 9, 2009), the Court discerns no COA-worthy issues at this stage of the litigation. Therefore, Petitioner is not entitled to a CCA. See 28 U.S.C. § 2253(c)(1); 28 U.S.C. § foil. § 2255, Rule 11(a) (''The ^ Unless otherwise stated, all citations are to Petitioner's civil docket on this Court's electronic filing system, CV419078. Case 4:19-cv-00078-WTM-CLR Document 11 Filed 10/15/20 Page 2 of 2 district court must issue or deny a certificate of appealability when it enters a final order adverse to the applicant."). The Clerk of Court is DIRECTED to close these cases. SO ORDERED this —day of October 2020. WILLIAM T. MOORE, UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA

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