ORDER VACATING STAY; REPORT AND RECOMMENDATIONS

MICHAEL R. MERZ, Magistrate Judge.

This is an action pursuant to 28 U.S.C. § 2255 to vacate a criminal judgment. District Judge Dlott, to whom the case is now assigned, has referred it to the Magistrate Judge (ECF No. 30).

Moses filed his § 2255 Motion on June 27, 2016 (ECF No. 23) and supplemented it on July 14, 2016 (ECF No. 25). On October 17, 2016, District Judge Beckwith, to whom the case was then assigned, stayed these proceedings on Motion of the United States (ECF No. 28) pending a decision by the United States Supreme in Beckles v. United States. The Supreme Court has now decided that case. Beckles v. United States, 137 S.Ct. 886, 197 L. Ed. 2d 145 (2017). Accordingly, the stay of these proceedings is VACATED.

Beckles is fatal to Moses' claim. In their opinion, the Supreme Court held "the [Sentencing] Guidelines are not subject to a vagueness challenge under the Due Process Clause. The residual clause in §4B1.2(a)(2) therefore is not void for vagueness." Id. at *11. Affirming Beckles v. United States, 616 Fed. Appx. 415 (11th Cir. Sept. 29, 2015), which held Johnson v. United States, 576 U.S. ___, 135 S.Ct. 2551, 192 L. Ed. 2d 569 (2015), does not control cases in which a person is classified as a career offender under the Guidelines.

Since Moses was sentenced as a career offender under the Guidelines rather than the Armed Career Criminal Act, Beckles undercuts his claim for relief based on Johnson. Moses' Motion and Amended Motion should be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability and the Court should certify to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis.