Opinion
2:23-CV-007-Z-BR
11-09-2023
LOGAN BAILEY LAWRENCE, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION
MATTHEW J. KACSMARYK UNITED STATES DISTRICT JUDGE
Before the Court are the findings, conclusions, and recommendation of the United States Magistrate Judge to dismiss the 28 U.S.C. Section 2255 Motion to Vacate filed by Petitioner (ECF No. 1). ECF No. 11 (“FCR”). Objections to the FCR have been filed. See ECF No. 12. After making an independent review of the pleadings, files, and records in this case, the Court concludes that the FCR of the Magistrate Judge is correct. It is therefore ORDERED that the FCR of the Magistrate Judge is ADOPTED and the case is DISMISSED.
Additionally, the Court DENIES a certificate of appealability (“COA”). A district court may deny a COA sua sponte and without requiring further briefing or argument. See Alexander v. Johnson, 211 F.3d 895, 898 (5th Cir. 2000). Considering the record in this case and pursuant to Federal Rule of Appellate Procedure 22(b), Rule 11(a) of the Rules Governing Sections 2254 and 2255 proceedings, and 28 U.S.C. Section 2253(c), and ADOPTING and INCORPORATING the Magistrate Judge's FCR, the Court finds that Petitioner has failed to show that reasonable jurists would find “it debatable whether the petition states a valid claim of the denial of a constitutional right” or “debatable whether [this Court] was correct in its procedural ruling. Slack v. McDaniel, 529 U.S. 473, 484 (2000).
Because the Motion to Vacate is governed by the Antiterrorism and Effective Death Penalty Act, codified as amended at 28 U.S.C. § 2253, a COA is a “jurisdictional prerequisite” before an appeal may proceed. Miller-El v. Cockrell, 537 U.S. 322, 336 (2003) (citing 28 U.S.C. § 2253(c)(1)); Hallmark v. Johnson, 118 F.3d 1073, 1076 (5th Cir. 1997) (noting §§ 2254 and 2255 actions require a COA).
IT IS SO ORDERED.