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Collins v. United States

United States District Court, S.D. Georgia, Augusta Division

July 31, 2014

LATERRIO DEANDRE COLLINS, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent. Cr. No. 112-177

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 ("R&R"), to which no objections have been filed. In lieu of objections, Petitioner submitted a motion for an extension to file objections to the R&R and a motion to amend his petition to add two additional claims. (Doc. no. 6.) On July 3, 2014, the Magistrate Judge ordered Petitioner to either submit an amended petition or proceed with his original petition by submitting objections to the R&R within fourteen days. (Doc. no. 7.) The Magistrate Judge warned Petitioner if he filed neither an amended petition nor objections within the fourteen-day extension, the original R&R would be submitted to the undersigned, without objections. (Id.) Petitioner has not submitted nor explained his failure to submit an amended petition or objections. Accordingly, the Court ADOPTS the R&R of the Magistrate Judge as its opinion, DENIES as MOOT Petitioner's motion to proceed in forma pauperis, (doc. no. 2), and DISMISSES the instant motion filed pursuant to 28 U.S.C. § 2255.

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 R&R, 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, the Court DENIES a COA 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, the Court CLOSES this civil action

SO ORDERED.


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