Bogardus v. United States of America, No. 1:2010cv00155 - Document 10 (S.D. Ga. 2012)
Court Description: ORDER ADOPTING REPORT AND RECOMMENDATION for 7 Motion to Amend/Correct filed by Bogey Bogardus, 8 Report and Recommendations, therefore, Petitioner's motion to amend is DENIED, and the motion pursuant brought pursuant to 28 U.S.C. § 2255 is DENIED; a Certificate of Appealability is DENIED in this case; this civil action is CLOSED, and a final judgment shall be ENTERED in favor of Respondent. Signed by Judge Dudley H. Bowen on 1/31/2012. (jah)
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Bogardus v. United States of America Doc. 10 FILED U.S. DISTRICT COURT AUGUSTA OW. IN THE UNITED STATES DISTRICT COURT 2012 JAN 31 PM l:39 FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION Li! '-I so. 01ST. OF GA. CLERK L BOGEY BOGARDUS, Petitioner, CV 110-155 (Formerly CR 105-014) V. UNITED STATES OF AMERICA, Respondent. [exams After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation, to which no objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of the Court. Therefore, Petitioner's motion to amend is DENIED, and the motion brought pursuant to 28 U.S.C. § 2255 is DENIED. Further, a federal prisoner must obtain a certificate of appealability ("COA") before appealing the denial of his motion to vacate. 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), Petitioner has Dockets.Justia.com 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, Petitioner is not entitled to appeal informapauperis. See 28 U.S.C. § 1915(a)(3). Upon the foregoing, this civil action is CLOSED, and a final judgment shall be ENTERED in favor of Redent. SO ORDERED yo 2012, at Augusta, Georgia. UNITED STA '"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.
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