govinfo:USCOURTS-gand-1_24-cr-00094-1

IN THE UNITED STATES DISTRICT COURT FOR THE 
NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
      
 
ALVIN DEMAR,       *    MOTION TO VACATE 
BOP # 29940-510     *    
       *    28 U.S.C. § 2255 
  Movant,    * 
         *   CRIMINAL ACTION NO. 
                    v.    *   24-CR-00094-JKL-1  
       * 
UNITED STATES OF AMERICA,   *   CIVIL ACTION NO. 
       *   25-CV-03950-JEM-ELR 
  Respondent.      * 
       *  
_________ 
 
O R D E R 
_________ 
 
 
Movant Alvin Demar submitted what the Court has construed as a pro se 
motion to vacate his sentence pursuant to 28 U.S.C. §2255 in which he attempts to 
challenge his conviction and sentence in this Court. [ Doc. 15.] Judge J. Elizabeth 
McBath recommends that Movant’s § 2255 Motion be dismissed for failure to comply 
with the Court’s Order and a Certificate of Appealability be denied as well. [Doc. 17.] 
After conducting a careful and complete review of a magistrate judge’s findings 
and recommendations, a district court judge may accept, reject, or modify a magistrate 
judge’s R&R. 28 U.S.C. § 636(b)(1)(C); Williams v Wainwright, 681 F.2d 732 (11
th 
Cir. 1982). No objections to the magistrate judge’s R&R have been filed, and 
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therefore, the Court has reviewed the R&R for plain error. See United States v Slay, 
714 F.2d 1093, 1095 (11th Cir. 1983). The Court finds no error.  
         Accordingly, the Court ADOPTS the R&R [Doc. 17] as the Opinion and Order 
of this Court.  For the reasons stated in the R&R, the Court DISMISSES Movant’s § 
2255 Motion [Doc. 15] for failure to comply with the Court’s Order.   Additionally, 
the Court DECLINES to issue a certificate of appealability because after considering 
28 U.S.C. § 2253(c)(2), the Court finds that Petitioner has not made a substantial 
showing of the denial of a constitutional right.   The Court DIRECTS  the Clerk to 
CLOSE the civil case associated with Petitioner’s § 2255 Motion: Civil Action No. 
25-CV-03950-ELR. 
SO ORDERED, this 6th day of February, 2026. 
             
           
                   _ _____________________ 
       Eleanor L. Ross 
       United States District Judge 
       Northern District of Georgia 
 
 
 
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