Moss v. United States of America, No. 1:2011cv00205 - Document 9 (S.D. Ga. 2012)

Court Description: ORDER ADOPTING REPORT AND RECOMMENDATION for 4 Report and Recommendations, that the Petitioner's motion brought pursuant to 28 U.S.C. § 2255 is DENIED, this civil action is CLOSED, and a final judgment shall be ENTERED in favor of Respondent. Signed by Judge J. Randal Hall on 5/21/2012. (jah)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION DEVICCO TROY MOSS, Petitioner, kv CV 111-205 (Formerly CR 110-251) UNITED STATES OF AMERICA, Respondent. ORDER After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation, to which objections have been filed (doc. no. 8)) Accordingly, the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of the Court. 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 'Petitioner requested, and was granted, an extension of time in which to object to the Report and Recommendation. (Doc. nos. 6, 7.) 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, Petitioner's motion brought pursuant to 28 U.S.C. § 2255 is DENIED, this civil action is CLOSED, and a final judgment shall be ENTERED in favor of Respondent. 50 ORDERED thi,2/ day of May, 2012, at Augusta, Georgia. HONO 4 ABLE J. RADAL HALL JJNjD STATES DISTRICT JUDGE SOUTHERN DISTRICT OF GEORGIA '"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. a

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