Williams v. United States of America

Filing 12

ORDER denying 4 Motion for Summary Judgment; adopting re 8 Report and Recommendations dismissing this case; denying 11 Motion and request to correct sentence. Signed by Judge William T. Moore, Jr on 5/28/2014. (loh)

U. S

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGI*i I r' '$3
I
WAYCROSS DIVISION

FRANKLIN L. WILLIAMS,
Petitioner,
CASE NOS. CV513-129
CR506-014

V.

UNITED STATES OF AMERICA,
Respondent.
ORDER

Before the Court is the Magistrate Judge's Report and
Recommendation (Doc. 8), to which objections have been
filed (Doc. 10). After a careful de novo review of the
record, the Court concludes that Petitioner's objections
are without merit. Accordingly, the report and
recommendation is ADOPTED as the Court's opinion in this
case, and Petitioner's 28 U.S.C. § 2255 Petition
DISMISSED.

is

In addition, Petitioner's Motion for Summary

Judgment (Doc. 4) and Motion and Request to Correct
Sentence (Doc. 11) are both DENIED. 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 this matter 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.
484 (2000) .

Slack

V.

McDaniel, 529 U.S. 473,

After careful consideration, the Court finds

no issues in this case that merit the issuance of a
Certificate of Appealability. As a result, any request for
leave to appeal in forma pauperis must be

DISMISSED AS

MOOT.

SO ORDERED this

W06day

.?

of May 2014.

WILLIAM T. MOORE, JR.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA