Coleman v. United States of America

Filing 2

ORDER ADOPTING REPORT AND RECOMMENDATION denying 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Waketa Coleman. Signed by District Judge J. Garvan Murtha on 2/26/2013. (wjf)

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT

UNITED STATES OF AMERICA,
Plaintiff,

:
:
:
:
:
:
:

v.
WAKETA COLEMAN,
Defendant.

File No. 1:10-cr-110-jgm-2

ORDER
The Magistrate Judge's Report and Recommendation was filed January 24,
2013. (Doc. 342.) After de novo review and absent objection, the Report and
Recommendation is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. §
636(b)(1). Waketa Coleman’s motion to vacate, set aside, or correct sentence pursuant
to 28 U.S.C. § 2255 (Doc. 335) is DENIED.
Pursuant to Fed. R. App. P. 22(b), the Court DENIES petitioner a certificate of
appealability (“COA”) because the petitioner failed to make a substantial showing of a
denial of a constitutional right. See 28 U.S.C. § 2253(c)(2). The Court rejects the
petition on its merits because Coleman has failed to demonstrate that reasonable jurists
would find the Court’s “assessment of the constitutional claims debatable or wrong.”
See Slack v. McDaniel, 529 U.S. 473, 484 (2000).
Further, because the petition is also dismissed on procedural grounds, the
petitioner cannot be issued a COA due to her failure to demonstrate that “jurists of
reason would find it debatable whether the petition states a valid claim of the denial of a
constitutional right and that jurists of reason would find it debatable whether the district

court was correct in its procedural ruling.” Id.; see also Gonzalez v. Thaler, 132 S. Ct.
641, 648 (2012) (citing Slack).
It is further certified that any appeal taken in forma pauperis from this Order
would not be taken in good faith because such an appeal would be frivolous. See 28
U.S.C. § 1915(a).
SO ORDERED.
Dated at Brattleboro, in the District of Vermont, this 26th day of February, 2013.

/s/ J. Garvan Murtha
Honorable J. Garvan Murtha
United States District Judge

2