Opinion
CRIMINAL NO. 5:00-CR-81 (MTT) CIVIL NO. 5:11-CV-90106 (MTT)
12-03-2012
ROY THOMAS CANNON, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER
Before the Court is the Magistrate Judge's Recommendation (Doc. 33) on the Petitioner's Motion to Vacate, Set Aside, or Correct Sentence (Doc. 27) pursuant to 28 U.S.C. § 2255. The Magistrate Judge recommends denying the Petitioner's motion because his claims are procedurally defaulted, and the Petitioner has failed to show that he is entitled to equitable tolling or that he is actually innocent. The Magistrate Judge additionally recommends the Court deny the Petitioner a certificate of appealability because he has not made a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. § 2253(c)(2). The Petitioner did not object to the Magistrate Judge's recommendations.
The Court has reviewed the record in this case. The Court has also reviewed the Petitioner's Motion and the Magistrate Judge's Recommendation. The Recommendation is adopted, and the Petitioner's Motion to Vacate, Set Aside, or Correct Sentence is DENIED. Further, the petitioner has not made a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. § 2253(c)(2). Therefore, a certificate of appealability is also DENIED.
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MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT