Williams v. United States Of America et al

Filing 5

ORDER adopting re 2 Report and Recommendations and directing the Clerk to close this case. Signed by Judge William T. Moore, Jr on 2/12/13. (bcw)

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FILED U.S. DISTRT r:HJIT1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA WAYCROSS DIVISION FRANKLIN L. WILLIAMS, ) 213FEB 12 P1U2:' SO.1J1ST.OFGA Petitioner, V CASE NOS. CV513-008 CR5 06-014 . UNITED STATES OF AMERICA, RICHARD M. DARDEN, Respondents. ORDER Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 2), to which objections have been filed (Doc. 4). After a careful de novo review of the record in this case, the Court finds Petitioner's objections without merit. Accordingly, the report and recommendation is ADOPTED as the Court's opinion in this case, and Petitioner's § 2255 Petition is DISMISSED. The Clerk of Court is DIRECTED to close this case. Pursuant to 28 U.S.C. § 2253(c), an appeal may not be taken in certain matters unless the Court issues a certificate of appealability. This certificate may issue only if Petitioner has made a substantial showing of the denial of a constitutional right. U.S. 473, 484 (2000) . Slack v. McDaniel, 529 After careful consideration, the Court finds no issues in this case that merit a Certificate 0 of Appealability. As a result, any request for leave to appeal in forma pauperis must be DISMISSED AS MOOT. SO ORDERED this day of February 2013. WILLIAM T. MOORE, JR. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA L-111 2

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