Case Details

CourtSouthern District of New York
Docket number1:11-cv-06470-JSR-MHD
Date case filed
Date case closed
Date of latest filing
Assigned to
Case cause28:2255 Motion to Vacate / Correct Illegal Sentenc
Nature of suitPrisoner: Vacate Sentence
Jury demand

Case Parties

None listed

Case Docket

Date FiledDocument
Long Description
82013-07-11 ORDER: Accordingly, the Court hereby adopts the Report and Recommendation, and, for the reasons therein, dismisses the petition with prejudice. In addition, because petitioner has not made a substantial showing of the denial of a constitutional right , a certificate of appealability will not issue. See 28 U.S.C. § 2253. Moreover, the Court certifies that any appeal from this Order would not be taken in good faith, as petitioner's claim lacks any arguable basis in law or fact, and theref ore permission to proceed in forma pauperis is also denied. See 28 U.S.C. §1915(a) (3); See also Seimon v. Emigrant Savs. Bank (In re Seimon), 421 F.3d 167, 169 (2d Cir. 2005). Clerk to enter judgment. So Ordered (Signed by Judge Jed S. Rakoff on 7/8/2013) (js)