ORDER ADOPTING REPORT OF MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY

MARCIA G. COOKE, District Judge.

THIS MATTER was referred to the Honorable Patrick A. White, United States Magistrate Judge, pursuant to 28 U.S.C. §636(b)(1)(B), Rules 8 and 10 of the Rules Governing Section 2255 Cases in the United States District Courts, and Administrative Order 2003-19 of this Court, for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters (ECF No. 3). On October 1, 2012, Judge White issued a Report of Magistrate Judge (ECF No. 44) recommending that (i) Frank Townsley's Motion to Vacate Sentence pursuant to 28 U.S.C. § 2255 (ECF No. 1) be dismissed as time-barred as required by 28 U.S.C. §2255(f)(1), and (ii) a certificate of appealability be denied.

Movant Frank Townsley did file objections to the Report of Magistrate Judge (ECF 45, 49).1 I have considered Judge White's Report, and have made a de novo review of the record. I find Judge White's Report clear, cogent, and compelling.

It is ORDERED and ADJUDGED that Judge White's Report (ECF No. 44) with respect to the merits of the case is AFFIRMED and ADOPTED. Accordingly, the Motion to Vacate Sentence (ECF No. 1) is DENIED. The Clerk is directed to CLOSE this case.

It is FURTHER ORDERED and ADJUDGED that Petitioner has not demonstrated that "jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further." Miller-El v. Cockrell, 537 U.S. 322, 326 (2003); accord Lott v. Attorney Gen., Fla., 594 F.3d 1296, 1301 (11th Cir. 2010) (explaining that a "petitioner need not show he will ultimately succeed on appeal" in order to warrant a certificate of appealability). Accordingly, this Court DENIES a Certificate of Appealability in this case.

DOEN and ORDERED.