GREEN v. U.S., CV512-124. (2015)
Court: District Court, S.D. Georgia
Number: infdco20170501l05
Visitors: 4
Filed: Aug. 19, 2015
Latest Update: Aug. 19, 2015
Summary: ORDER WILLIAM T. MOORE, Jr. , District Judge . Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 25), to which objections have been filed (Doc. 26). After careful consideration, however, the Court finds Petitioner's objections to be without merit. In his objections, Petitioner offers no justifiable excuse for previously failing to mention his 1999 state petition to vacate. 1 The remainder of the arguments contained within Petitioner's objections have already been
Summary: ORDER WILLIAM T. MOORE, Jr. , District Judge . Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 25), to which objections have been filed (Doc. 26). After careful consideration, however, the Court finds Petitioner's objections to be without merit. In his objections, Petitioner offers no justifiable excuse for previously failing to mention his 1999 state petition to vacate. 1 The remainder of the arguments contained within Petitioner's objections have already been r..
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ORDER
WILLIAM T. MOORE, Jr., District Judge.
Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 25), to which objections have been filed (Doc. 26). After careful consideration, however, the Court finds Petitioner's objections to be without merit. In his objections, Petitioner offers no justifiable excuse for previously failing to mention his 1999 state petition to vacate.1 The remainder of the arguments contained within Petitioner's objections have already been reviewed and found unavailing by this Court and by the Eleventh Circuit Court of Appeals. (Doc. 8; Doc. 16.) Accordingly, the report and recommendation is ADOPTED as the Court's opinion in this case. Petitioner's Motion for Relief (Doc. 18) is DENIED. Petitioner's Motion for Relief due to Government's Untimely Response (Doc. 23) is DISMISSED AS MOOT. Furthermore, because there are no non-frivolous issues to raise on appeal such that an appeal would not be taken in good faith, Petitioner is also DENIED the i6suance of a Certificate of Appealability and permission to proceed in forma pauperis on appeal. This case remains cloed.
SO ORDERED.
FootNotes
1. The Court agrees with both the Government and the Magistrate Judge that the emergence of this letter and its surrounding circumstances are highly questionable. However, the Court need not address the letter's veracity as it does not provide Petitioner an avenue for relief even if it is authentic.
Source: Leagle
