Ellis v. United States of America

Ellis v. United States of America

Petitioner:	Andrian Ellis
Respondent:	United States of America
Case Number:	1:2010cv04017
Filed:	August 31, 2010
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Brian M. Cogan
Nature of Suit:	Prisoner: Vacate Sentence
Cause of Action:	28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentenc
Jury Demanded By:	None

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Date Filed	Document Text
June 6, 2011	Filing 16 MEMORANDUM DECISION AND ORDER, The petition is denied as untimely or, alternatively, without merit, and the case is dismissed. Although there is some conflict in the cases over the retroactive impact of Padilla, and the Second Circuit has not yet wei ghed in on that issue, the alternative grounds for my decision demonstrate that petitioner has failed to make a substantial showing of the denial of a constitutional right. Thus, a certificate of appealability shall not issue. Further, I certify, pur suant to 28 USC sec. 1915(a)(3), that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. (Ordered by Judge Brian M. Cogan on 6/3/2011) c/m by chambers. Fwd. for Judgment. (Galeano, Sonia)

Date Filed

Document Text

June 6, 2011

Filing 16 MEMORANDUM DECISION AND ORDER, The petition is denied as untimely or, alternatively, without merit, and the case is dismissed. Although there is some conflict in the cases over the retroactive impact of Padilla, and the Second Circuit has not yet wei ghed in on that issue, the alternative grounds for my decision demonstrate that petitioner has failed to make a substantial showing of the denial of a constitutional right. Thus, a certificate of appealability shall not issue. Further, I certify, pur suant to 28 USC sec. 1915(a)(3), that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. (Ordered by Judge Brian M. Cogan on 6/3/2011) c/m by chambers. Fwd. for Judgment. (Galeano, Sonia)

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Petitioner: Andrian Ellis
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Respondent: United States of America
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