Opinion
4:90cr4051-WS/GRJ
09-22-2017
UNITED STATES OF AMERICA, v. NATHANIEL JAMES, Defendant.
ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Before the court is the magistrate judge's report and recommendation (doc. 770) docketed August 30, 2017. The magistrate judge recommends that Defendant's motion (doc. 764) for leave to appeal in forma pauperis be denied. The magistrate judge also recommends that a certificate of appealability be denied. Defendant has filed objections (doc. 774) to the report and recommendation.
The court has reviewed both the magistrate judge's report and recommendation as well as the objections filed by Defendant. In his objections, Defendant makes what are, in essence, the same arguments that this court has already considered and rejected. Like the magistrate judge, this court finds that Defendant is not entitled to either (1) leave to proceed on appeal in forma pauperis, or (2) a certificate of appealability. Accordingly, it is ORDERED:
1. Defendant's motion (doc. 764) for leave to proceed in forma pauperis is DENIED.
2. A certificate of appealability is DENIED.
DONE AND ORDERED this 22nd day of September, 2017.
s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE