Citation Codes Equivalent Citations citation codes Docket Number File No. 1:05-CR-12-01. Motions Motion to vacate : Denied Defendant Judges John Garvan Murtha Acts Judiciary And Judicial Procedure — United States Magistrate Judges — Court Officers And Employees — Jurisdiction, Powers, And Temporary Assignment Judiciary And Judicial Procedure — Habeas Corpus — Particular Proceedings — Federal Custody; Remedies On Motion Attacking Sentence Judiciary And Judicial Procedure — Habeas Corpus — Particular Proceedings — Appeal Judiciary And Judicial Procedure — Fees And Costs — Procedure — Proceedings In Forma Pauperis See more information ... Smart Summary Please sign up to generate summary. UNITED STATES OF AMERICA v. DARRELL K. PHILLIPS. ORDER J. MURTHA, District Judge The Magistrate Judge's Report and Recommendation was filed March 10, 2008 (Paper 111). After de novo review and absent objection, the Report and Recommendation is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. § 636(b)(1). Construing defendant's filing (Paper 99) as a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255, the motion is DENIED. Pursuant to Fed.R.App.P. 22(b), the Court DENIES petitioner a certificate of appealability ("COA") because the petitioner failed to make a substantial showing of a denial of a constitutional right. See 28 U.S.C. § 2253(c)(2). The Court rejects the petition on its merits because the defendant has failed to demonstrate that reasonable jurists would find the Court's "assessment of the constitutional claims debatable or wrong." See Slack v. McDaniel, 529 U.S. 473, 120 S.Ct. 1595, 1603-04, 146 L.Ed.2d 542 (2000). It is further certified that any appeal taken in forma pauperis from this Order would not be taken in good faith because such an appeal would be frivolous. See 28 U.S.C. § 1915(a). SO ORDERED.