Odunaike v. USA

Odunaike v. USA

Petitioner:	Ayodeji Odunaike
Respondent:	USA
Case Number:	1:2008cv07300
Filed:	August 18, 2008
Court:	US District Court for the Southern District of New York
Office:	Prisoner: Vacate Sentence Office
County:	New York
Presiding Judge:	William H. Pauley
Nature of Suit:	None
Cause of Action:	U.S. Government Defendant
Jury Demanded By:	28:2255 Motion to Vacate / Correct Illegal Sentenc

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Date Filed	Document Text
May 14, 2009	Filing 5 MEMORANDUM & ORDER as to Ayodeji Odunaike. Petitioner Ayodeji Odunaike ("Odunaike") moves to vacate, set aside or modify his sentence pursuant to 28 U.S.C. Section 2255. For the following reasons, Odunaike's motion is denied.... CONCLU SION: For the foregoing reasons, Odunaike's petition is denied. Because Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not be issued. See 28 U.S.C. Section 2253(c). In a ddition, this Court certifies pursuant to 28 U.S.C. Section 1915(a)(3) that any appeal from this order would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438 (1962). The Clerk of the Court is directed to dismiss all pending motions as moot and mark this case as closed. So Ordered. (Signed by Judge William H. Pauley, III on 5/14/09); Copies mailed by Chambers. [* NOTE: Also docketed in Criminal Case 04-cr-1064(WHP) *](bw) (bw)

Date Filed

Document Text

May 14, 2009

Filing 5 MEMORANDUM & ORDER as to Ayodeji Odunaike. Petitioner Ayodeji Odunaike ("Odunaike") moves to vacate, set aside or modify his sentence pursuant to 28 U.S.C. Section 2255. For the following reasons, Odunaike's motion is denied.... CONCLU SION: For the foregoing reasons, Odunaike's petition is denied. Because Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not be issued. See 28 U.S.C. Section 2253(c). In a ddition, this Court certifies pursuant to 28 U.S.C. Section 1915(a)(3) that any appeal from this order would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438 (1962). The Clerk of the Court is directed to dismiss all pending motions as moot and mark this case as closed. So Ordered. (Signed by Judge William H. Pauley, III on 5/14/09); Copies mailed by Chambers. [*** NOTE: Also docketed in Criminal Case 04-cr-1064(WHP) ***](bw) (bw)

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Petitioner: Ayodeji Odunaike
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