Pinkston v. United States Of America

Filing 9

ORDER ADOPTING 8 Report and Recommendations, DENYING a COA, and DISMISSING this case. Signed by Chief Judge J. Randal Hall on 04/27/2018. (maa)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION
JULIUS PINKSTON,
Movant,
CV616-083

V.

CR606-026

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 and Recommendation(R&R),
to which no objections have been filed.

Accordingly, the R&R is

ADOPTED,and this case is DISMISSED.

Further, a prisoner seeking relief under 28 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.^
Moreover, because there are no non-frivolous issues to raise on appeal, an

appeal would not be taken in good faith. Accordingly, movant is not

entitled to appeal in forma pauperis. See 28 U.S.C. § 1915(a)(3).
ORDER ENTERED at Augusta, Georgia, this

day of April,

2018.

J. RANDM,HALL,CHIEF JUDGE
UNITED STATES DISTRICT COURT
.SOUTOERN 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 of Appellate Procedure 22." Rule 11(a)to the Rules Governing Section 2255 Proceedings.