Stanton v. United States Of America

Filing 28

ORDER adopting 16 Report and Recommendations, dismissing this case with prejudice, and denying a COA in this case. Signed by Judge J. Randal Hall on 04/11/2017. (thb)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION TERRANCE GERARD STANTON, Movant, GV615-064 CR612-018 UNITED STATES OF AMERICA, Respondent. ORDER After a careful de novo review of the record in this case, the Court concurs with the Magistrate Judge's Report andRecommendation (R&R), to which objections have been filed. Accordingly, the R&R is ADOPTED, and this case is DISMISSED with prejudice. Further, a prisonerseeking relief under28 U.S.C. §2255 must obtain a certificate of appealability ("COA") before appealing the denial of his application for writ of habeas corpus. 28 U.S.C. § 2253(c)(1)(B). This Court "must issue or deny a certificate of appealability when it enters a final order adverse to the applicant." Rule 11(a) to the Rules Governing Section 2255 Proceedings. This Court should grant a COA only if the prisoner makes a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). For the reasons set forth in the Report and Recommendation, and in consideration of the standards enunciated in Slack v. McDaniel, 529 U.S. 473, 482-84 (2000), movant has failed to make the requisite showing. Accordingly, a COA is DENIED in this case.1 Moreover, because there are no non-frivolous issues to raise on appeal, an appeal would not be taken in good faith. Accordingly, petitioner is not entitled to appeal in forma pauperis. See 28 U.S.C. § 1915(a)(3). ORDER ENTERED at Augusta, Georgia, this /V^av of April, 2017. UNITED STATES DISTRICT JUDGE -SOUTHERN DISTRICT OF GEORGIA 1 "If the court denies a certificate, [a party] may not appeal the denial but may seek a certificate from the court of appeals under Federal Rule ofAppellate Procedure 22." Rule 11(a) to the Rules Governing Section 2255 Proceedings.

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