Jackson v. USA (TV2)

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE

LORENZA JACKSON, ) ) Petitioner, ) ) v. ) No.: 3:18-CV-74-TAV-JEM ) UNITED STATES OF AMERICA, ) ) Respondent. )

ORDER

This civil matter is before the Court on the Report and Recommendation (the “R&R”) entered by United States Magistrate Judge Jill E. McCook on February 10, 2023 [Doc. 37]. In the R&R, Judge McCook recommends that petitioner’s motion for leave to proceed in forma pauperis [Doc. 35] be denied because his appeal would not be taken in good faith. There have been no timely objections to the R&R, and enough time has passed since the filing of the R&R to treat any objections as having been waived. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72. After a careful review of the matter, the Court agrees with Judge McCook’s recommendations. Accordingly, the Court ACCEPTS and ADOPTS the R&R in whole [Doc. 37]. Therefore, petitioner’s motion [Doc. 35] is DENIED, and this civil action is DISMISSED with prejudice. Should petitioner give timely notice of an appeal from this order, such notice will be treated as an application for a certificate of appealability, which is hereby DENIED because he has failed to make a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b); Slack v. McDaniel, 529 U.S. 473, 484 (2000). Additionally, the Court has reviewed this case in accordance with Rule 24 of the

Federal Rules of Appellate Procedure and hereby CERTIFIES that any appeal from this action would not be taken in good faith and 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. The Clerk of Court is DIRECTED to CLOSE the case.

IT IS SO ORDERED.

s/ Thomas A. Varlan UNITED STATES DISTRICT JUDGE