Opinion
CRIM. ACTION 17-21-CG-N Civil Action 20-110-CG-N
01-07-2022
ZACHERY JOSEPH COOLEY, also known as Red, BOP Prisoner No. 16743-003, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER
CALLIE V. S. GRANADE SENIOR UNITED STATES DISTRICT JUDGE
After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the recommendation to which objection is made, the Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1) and Rule 8(b) and 10 of the Rules Governing Section 2255 Proceedings for the United States District Courts, and dated October 19, 2021 (Doc. 386) is ADOPTED as the opinion of this Court.
It is ORDERED that Cooley's § 2255 motion is DENIED and DISMISSED with prejudice as time-barred, and either procedurally defaulted or procedurally barred from consideration on collateral review.
It is further ORDERED that Cooley is DENIED a Certificate of Appealability as Court CERTIFIES that any appeal by Cooley of the denial of the present § 2255 motion would be without merit and therefore not taken in good faith; therefore, Petitioner is not entitled to proceed in forma pauperis on appeal.
DONE and ORDERED.