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).

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