RHODEN v. U.S., CV513-070. (2014)
Court: District Court, S.D. Georgia
Number: infdco20140709929
Visitors: 18
Filed: Jul. 08, 2014
Latest Update: Jul. 08, 2014
Summary: ORDER LISA GODBEY WOOD, Chief District Judge. After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Movant Seaf Rhoden ("Rhoden") filed Objections. In his Objections, Rhoden finds fault with the Magistrate Judge's credibility determination. In addition, Rhoden asserts that he did not have a sufficient understanding of whether to instruct his counsel to file an appeal on his behalf. As the Magistr
Summary: ORDER LISA GODBEY WOOD, Chief District Judge. After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Movant Seaf Rhoden ("Rhoden") filed Objections. In his Objections, Rhoden finds fault with the Magistrate Judge's credibility determination. In addition, Rhoden asserts that he did not have a sufficient understanding of whether to instruct his counsel to file an appeal on his behalf. As the Magistra..
More
ORDER
LISA GODBEY WOOD, Chief District Judge.
After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Movant Seaf Rhoden ("Rhoden") filed Objections. In his Objections, Rhoden finds fault with the Magistrate Judge's credibility determination. In addition, Rhoden asserts that he did not have a sufficient understanding of whether to instruct his counsel to file an appeal on his behalf. As the Magistrate Judge noted, however, he was entitled to make credibility determinations, as he was able to observe the witnesses and their demeanors during the evidentiary hearing. The Magistrate Judge found that the testimonies of Rhoden's attorney and the United States Probation Officer were more credible than that of Rhoden. Rhoden fails to offer an assertion which indicates that the undersigned should disturb the Magistrate Judge's credibility determinations. By extension, Rhoden's assertions regarding appeal issues are without merit.
Rhodens Objections are overruled. The Magistrate Judge's Report and Recommendation is adopted as the opinion of the Court. Rhoden's 28 U.S.C. § 2255 motion is DENIED. The Clerk of Court is directed to enter the appropriate judgment of dismissal.
SO ORDERED.
Source: Leagle
