SMITH v. U.S., CR 109-201 (2012)
Court: District Court, S.D. Georgia
Number: infdco20120305565
Visitors: 12
Filed: Mar. 02, 2012
Latest Update: Mar. 02, 2012
Summary: ORDER J. RANDAL HALL, District Judge. 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. 6). Accordingly, the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of the Court. Therefore, Petitioner's motion brought pursuant to 28 U.S.C. 2255 is DISMISSED as time-barred. Further, a federal prisoner must obtain a certificate of appealability ("COA") be
Summary: ORDER J. RANDAL HALL, District Judge. 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. 6). Accordingly, the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of the Court. Therefore, Petitioner's motion brought pursuant to 28 U.S.C. 2255 is DISMISSED as time-barred. Further, a federal prisoner must obtain a certificate of appealability ("COA") bef..
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ORDER
J. RANDAL HALL, District Judge.
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. 6). Accordingly, the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of the Court. Therefore, Petitioner's motion brought pursuant to 28 U.S.C. § 2255 is DISMISSED as time-barred.
Further, a federal prisoner must obtain a certificate of appealability ("COA") before appealing the denial of her 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 ofthe 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 failed to make the requisite showing. Accordingly, a COA is DENIED in this case.1 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.
SO ORDERED.
FootNotes
1. "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.
Source: Leagle
