Filing 28

ORDER ADOPTING the 26 REPORT AND RECOMMENDATIONS as the Court's opinion, granting Government's 22 and 24 Motions to Dismiss, dismissing Scott's 1 Motion to Vacate, Set Aside or Correct Sentence (2255), as amended and supplement ed (docs. 2 , 3 , 5 , 6 , 7 , 10 , 12 , 13 & 14 ), denying the issuance of a Certificate of Appealability, denying Scott in forma pauperis status on appeal, and directing the Clerk of Court to close this case and enter the appropriate judgment of dismissal. Signed by District Judge R. Stan Baker on 03/26/2024. (jlh)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION HOSEA SCOTT, Petitioner, CIVIL ACTION NO.: 4:20-cv-297 (Formerly 4:18-cr-262) v. UNITED STATES OF AMERICA, Respondent. ORDER After a careful de novo review of the entire record, the Court concurs with the Magistrate Judge's March 1, 2024, Report and Recommendation, (doc. 26), to which Petitioner has not objected. The Court ADOPTS the Report and Recommendation as its opinion. (Doc. 26.) For the reasons discussed by the Magistrate Judge, the Government’s Motion to Dismiss is GRANTED. (Doc. 22.) Scott’s 28 U.S.C. § 2255 motion, (doc. 1), as amended and supplemented, (docs. 2, 3, 5, 6, 7, 10, 12, 13 &14), is DISMISSED. The Government’s Motion to Dismiss Scott’s Supplemental Motion is GRANTED. (Doc. 24.) There are no discernable issues worthy of a certificate of appeal. Therefore, the Court DENIES the issuance of a Certificate of Appealability. Scott is advised that he “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), Rules Governing Section 2255 Cases in the United States District Courts. Furthermore, as there are no non-frivolous issues to raise on appeal, an appeal would not be taken in good faith. Thus, the Court likewise DENIES Scott in forma pauperis status on appeal. The Court DIRECTS the Clerk of Court to CLOSE this case and enter the appropriate judgment of dismissal. SO ORDERED, this 26th day of March, 2024. R. STAN BAKER UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF GEORGIA 2

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