UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION

MACIE YOUMANS, ) . Movant, V. CV419-278 ) CR418-032 UNITED STATES OF AMERICA, ) Respondent. . ORDER After a careful de novo review of the entire record, the Court concurs with

the Magistrate Judge's October 23, 2020, Report and Recommendation (R&R), to which no objections have been filed. Doc. 57. Accordingly, the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of the

Court. Plaintiff's motion to vacate, set aside, or correct his sentence under

is DENIED. Doc. 54. Further, a prisoner seeking relief under

must obtain a certificate of appealability (“COA”) before appealing the denial of his application for writ of habeas corpus.

(c)(1)(B). 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.”

(c)(2). For the reasons set forth in the Report and Recommendation, and

in consideration of the standards enunciated in Slack v. McDaniel,

(2000), movant has failed to make the requisite showing. Accordingly,

a COA is DENIED 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, movant is not entitled to appeal in forma pauperis. See

(a)(3). SO ORDERED, this 16th day of December, 2020.

LISA GODBEY WOOD, JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA

the court denies a certificate, [a party] may not appeal the denial but may seek a certificate from the court of appeals under Federal Rule of Appellate Procedure 22.” Rule 11(a) to the Rules Governing Section 2255 Proceedings.