UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE

JEREL BRAY-SEAN JOHNSON, ) ) Petitioner, ) ) v. ) Nos.: 3:20-CV-534-TAV-DCP ) 3:20-CV-537-TAV-DCP UNITED STATES OF AMERICA, ) 3:18-CR-119-TAV-DCP ) 3:19-CR-18-TAV-DCP Respondent. )

ORDER

This matter is before the Court on the Report and Recommendations (the “R&R”) entered by United States Magistrate Judge Debra C. Poplin on May 11, 2022 [Doc. 19].1 In the R&R, Judge Poplin recommends that the Court deny petitioner’s remaining claim in his motion under

[Doc. 1], that is, that counsel was ineffective for failing to file a notice of appeal.2 Moreover, Judge Poplin recommends that the Court not issue petitioner a certificate of appealability as to this issue. There have been no timely objections filed to the R&R. See

(b)(1); Fed. R. Civ. P. 72. After carefully reviewing the matter, the Court agrees with Judge Poplin’s recommendations and reasoning, which the Court adopts and incorporates into its ruling. Accordingly, the Court ACCEPTS IN WHOLE the R&R [Doc. 19]. Therefore, petitioner’s motion [Doc. 1] is DENIED as to the sole remaining claim. Additionally, the Court CERTIFIES that any appeal from this action would not be taken in good faith and

1 Citations refer to filings in case number 3:20-CV-534. 2 The Court has already resolved all of petitioner’s other § 2255 claims [See Doc. 10]. would be totally frivolous. Therefore, any application by petitioner for leave to proceed in forma pauperis on appeal is DENIED. See Fed. R. App. P. 24. Any appeal from this order will be treated as an application for a certificate of appealability, which is hereby DENIED

because petitioner has not made a substantial showing of the denial of a constitutional right and jurists of reason would not dispute the above conclusions. See

; Fed. R. App. P. 22(b); Slack v. McDaniel,

(2000). There being no remaining claims in this action, this case is DISMISSED, and the Clerk is DIRECTED to close civil case numbers 3:20-CV-534-TAV-DCP and

3:20-CV-537-TAV-DCP.

s/ Thomas A. Varlan UNITED STATES DISTRICT JUDGE

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