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)

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.