Stanton v. United States Of America
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
TERRANCE GERARD STANTON,
UNITED STATES OF AMERICA,
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,
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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