Drivas v. United States of America

Drivas v. United States of America

Petitioner:	Gustave S. Drivas
Respondent:	United States of America
Case Number:	1:2015cv02327
Filed:	April 22, 2015
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Lois Bloom
Presiding Judge:	Nina Gershon
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
October 31, 2017	Filing 25 OPINION AND ORDER denying Motion to Vacate, Set Aside or Correct Sentence (2255). For the reasons stated herein, Drivas's petition for a writ of habeas corpus is denied on the basis of the existing record, without the need for a further ev identiary hearing. Since petitioner has not made a "substantial showing of the denial of a constitutional right," a certificate of appealability shall not issue. 28 U.S.C. § 2253(c)(2). The court certifies pursuant to 28 U.S.C. 7; 1915(a) that any appeal from this order would not be taken in good faith and therefore in forma pauperis relief is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438 5 444-45 (1962). The Clerk of Court is directed to enter judgment for respondent. Ordered by Judge Nina Gershon on 10/31/2017. C/M (Barrett, C)

Date Filed

Document Text

October 31, 2017

Filing 25 OPINION AND ORDER denying Motion to Vacate, Set Aside or Correct Sentence (2255). For the reasons stated herein, Drivas's petition for a writ of habeas corpus is denied on the basis of the existing record, without the need for a further ev identiary hearing. Since petitioner has not made a "substantial showing of the denial of a constitutional right," a certificate of appealability shall not issue. 28 U.S.C. § 2253(c)(2). The court certifies pursuant to 28 U.S.C. 7; 1915(a) that any appeal from this order would not be taken in good faith and therefore in forma pauperis relief is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438 5 444-45 (1962). The Clerk of Court is directed to enter judgment for respondent. Ordered by Judge Nina Gershon on 10/31/2017. C/M (Barrett, C)

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Petitioner: Gustave S. Drivas
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Respondent: United States of America
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