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)

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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

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