Scott v. UNITED STATES OF AMERICA

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)

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

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