Hernandez v. United States of America

Justia Dockets & Filings Second Circuit New York Eastern District Hernandez v. United States of America

Hernandez v. United States of America

Petitioner:	Luis Hernandez
Respondent:	United States of America
Case Number:	2:2014cv04111
Filed:	June 23, 2014
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	Sandra J. Feuerstein
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 1, 2017	Filing 12 OPINION AND ORDER: ORDER denying 468 Motion to Vacate (2255) as to Luis J. Hernandez, Jr. (17). For the reasons set forth above, Hernandezs motion to vacate, set aside, or correct his sentence of imprisonment pursuant to 28 U.S.C. § 2255 is de nied. Given that it is clear from the record that Hernandez is not entitled to § 2255 relief, the Court will not hold an evidentiary hearing on his motion. The Court declines to issue a certificate of appealability because Hernandez has not made a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. § 2253(c)(2). The Clerk of the Court is directed to serve notice of entry of this order upon Hernandez and to close this case.. Ordered by Judge Sandra J. Feuerstein on 6/1/2017. (Bollbach, Jean). Ordered by Judge Sandra J. Feuerstein on 6/1/2017. (Bollbach, Jean)cm

Date Filed

Document Text

June 1, 2017

Filing 12 OPINION AND ORDER: ORDER denying 468 Motion to Vacate (2255) as to Luis J. Hernandez, Jr. (17). For the reasons set forth above, Hernandezs motion to vacate, set aside, or correct his sentence of imprisonment pursuant to 28 U.S.C. § 2255 is de nied. Given that it is clear from the record that Hernandez is not entitled to § 2255 relief, the Court will not hold an evidentiary hearing on his motion. The Court declines to issue a certificate of appealability because Hernandez has not made a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. § 2253(c)(2). The Clerk of the Court is directed to serve notice of entry of this order upon Hernandez and to close this case.. Ordered by Judge Sandra J. Feuerstein on 6/1/2017. (Bollbach, Jean). Ordered by Judge Sandra J. Feuerstein on 6/1/2017. (Bollbach, Jean)cm

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Petitioner: Luis Hernandez
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Respondent: United States of America
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