Brown v. United States of America

Filing 18

ORDER denying the request for COA and also denies as moot any motion to proceed IFP. Signed by Judge B. Avant Edenfield on 9/18/13. (bcw)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION
WILLIAM BENJAMIN BROWN,
Petitioner,
V

.

6: 13-cv-38

UNITED STATES OF AMERICA,
Respondent.
ORDER
William Benjamin Brown has appealed
this Court's denial of his habeas petition.
ECF No. 14. The Court construes Brown's
notice of appeal as a request for a Certificate
of Appealability ("COX'). See Edwards v.
United States, 114 F.3d 1083, 1084 (11th
Cir. 1997).
"Before an appeal may be entertained, a
prisoner who was denied habeas relief in the
district court must first seek and obtain a
COA . . ." Miller-El v. Cockrell, 537 U.S.
322, 335-36 (2003); see 28 U.S.C.
§ 2253(c). The Court will issue a COA
"where a petitioner has made a substantial
showing of the denial of a constitutional
right." Miller-El, 537 U.S. at 336; see also
28 U.S.C. § 2253(c)(2). Petitioner "must
show that reasonable jurists could debate
whether (or, for that matter, agree that) the
petition should have been resolved in a
different manner or that the issues presented
were adequate to deserve encouragement to
proceed further." Id. (internal quotations
omitted).
The Magistrate Judge's Report and
Recommendation properly concluded that

Brown waived his right to collaterally attack
his sentence. ECF No. 8 at 3-5. The
Magistrate Judge also properly concluded
that Brown failed to show that he received
constitutionally deficient representation in
entering a plea agreement. Id. at 6-8.
Brown raises no additional issues for appeal.
See ECF No. 14. The Court finds no issues
that reasonable jurists could debate, and
therefore DENIES the request for COA.
The Court, sua sponte, also DENIES AS
MOOT any motion to proceed In Forma
Pauperis.

This May of September 2013.

B. AVANT EDENFIELD, JGE /
UNITED STATES DISTRIF COURT
SOUTHERN DISTRICT OF GEORGIA