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Barnes v. United States

February 21, 2007

LILY O. BARNES, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.



The opinion of the court was delivered by: R. Allan Edgar United States District Judge

Judge Edgar

MEMORANDUM AND ORDER

Petitioner Lily O. Barnes, a federal prisoner, has filed a pro se motion for post-conviction relief under 28 U.S.C. § 2255. The United States of America opposes the motion. The Court referred the case to Magistrate Judge William B. Mitchell Carter for a report and recommendation pursuant to 28 U.S.C. § 636(b)(1)(B). On February 1, 2007, Magistrate Judge Carter submitted his report and recommendation. [Doc. No. 9]. The parties have not timely filed any objections.

After reviewing the record, the Court ACCEPTS and ADOPTS the report and recommendation pursuant to 28 U.S.C. § 636(b)(1). Accordingly, the motion for post-conviction relief brought under 28 U.S.C. § 2255 shall be DENIED and DISMISSED WITH PREJUDICE.

Any appeal from this decision by petitioner Barnes would be frivolous and not taken in good faith. Any application by petitioner Barnes for leave to proceed on appeal in forma pauperis shall be denied pursuant to 28 U.S.C. § 1915(a)(3) and Fed. R. App. P. 24(a).

If petitioner Barnes files a notice of appeal, it shall be treated as an application for a certificate of appealability which will be denied pursuant to 28 U.S.C. § 2253(c) and Fed. R. App. P. 22(b)(1) because she has not made a substantial showing of the denial of a constitutional right. A separate judgment will be entered.

SO ORDERED.

ENTER this the 21st day February, 2007.

20070221

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