Rhoden v. United States Of America

Filing 28

ORDER ADOPTING 23 Report and Recommendations of the Magistrate Judge; Rhoden's Objections are overruled. The Clerk is directed to enter the appropriate judgment of dismissal. Signed by Chief Judge Lisa G. Wood on 7/8/2014. (ca)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
WAYCROSS DIVISION

SEAF ROWE RHODEN,
Petitioner,

CIVIL ACTION NO.: CV513-070

V.

UNITED STATES OF AMERICA,

(Case No.: CR5II-018)

Respondent.

ORDER
After an independent and de novo review of the entire record, the undersigned
concurs with the Magistrate Judge's Report and Recommendation, to which Movant
Seaf Rhoden ("Rhoden") filed Objections. In his Objections, Rhoden finds fault with the
Magistrate Judge's credibility determination. In addition, Rhoden asserts that he did not
have a sufficient understanding of whether to instruct his counsel to file an appeal on his
behalf. As the Magistrate Judge noted, however, he was entitled to make credibility
determinations, as he was able to observe the witnesses and their demeanors during
the evidentiary hearing. The Magistrate Judge found that the testimonies of Rhoden's
attorney and the United States Probation Officer were more credible than that of
Rhoden. Rhoden fails to offer an assertion which indicates that the undersigned should
disturb the Magistrate Judge's credibility determinations. By extension, Rhoden's
assertions regarding appeal issues are without merit.

AO 72A
(Rev. 8/82)

Rhodens Objections are overruled.

The Magistrate Judge's Report and

Recommendation is adopted as the opinion of the Court. Rhoden's 28 U.S.C. § 2255
motion is DENIED. The Clerk of Court is directed to enter the appropriate judgment of
dismissal.
SO ORDERED, this

day of

j

PkilliEl

LISA GOD/BEY WOOD, CHIEF JUDGE
UNITED TATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

AO 72A
(Rev. 8/82)