BENFORD v. U.S

R. EDGAR, Chief Judge

A motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255 has been filed by Rena Yvonne Redding Benford. This matter was referred to United States Magistrate Judge Susan K. Lee for a report and recommendation pursuant to 28 U.S.C. § 636(b)(1)(B) and Fed.R.Civ.P. 72(b). Magistrate Judge Lee has filed a report and recommendation [Doc. 10]. The parties have not timely filed any objections to the report and recommendation.

After reviewing the entire record de novo, the Court ACCEPTS and ADOPTS Magistrate Judge Lee's report and recommendation pursuant to 28 U.S.C. § 636(b)(1). The petitioner's motion for post-conviction relief pursuant to 28 U.S.C. § 2255 is DENIED.

In addition, the Court has reviewed this case pursuant to 28 U.S.C. § 1915(a)(3) and 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 Rena Benford for leave to proceed in forma pauperis on appeal is DENIED. 28 U.S.C. § 1915(a)(3); Fed.R.App.P. 24.

Further, should Benford file a 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 since she has failed to make a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2); Rule 22(b) of the Federal Rules of Appellate Procedure.

SO ORDERED.