FRANK v. U.S., CR 103-045 (2013)
Court: District Court, S.D. Georgia
Number: infdco20130903972
Visitors: 8
Filed: Aug. 30, 2013
Latest Update: Aug. 30, 2013
Summary: ORDER DUDLEY H. BOWEN, District Judge. 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, and the instant $2255 motion is DISMISSED. Further, a federal prisoner must obtain a certificate of appealability ("COA") before appealing the denial of his motion to vacate. This Court "must
Summary: ORDER DUDLEY H. BOWEN, District Judge. 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, and the instant $2255 motion is DISMISSED. Further, a federal prisoner must obtain a certificate of appealability ("COA") before appealing the denial of his motion to vacate. This Court "must ..
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ORDER
DUDLEY H. BOWEN, District Judge.
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, and the instant $2255 motion is DISMISSED.
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 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 in forma pauperis. 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
