Marte v. USA

Marte v. USA

Petitioner:	Jose Miguel Marte
Respondent:	USA
Case Number:	1:2011cv03269
Filed:	May 13, 2011
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Kimba M. Wood
Nature of Suit:	Motions to Vacate Sentence
Cause of Action:	28 U.S.C. § 2255
Jury Demanded By:	None

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Date Filed	Document Text
July 20, 2012	Filing 6 OPINION & ORDER. For the reasons set forth above, the Court DENIES Petitioner's motion to vacate his conviction and sentence pursuant to Section 2255. A certificate of appealability will not issue because Petitioner has not made a substantial s howing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2). Pursuant to 28 U.S.C. § 1915(a)(3), this Court certifies, that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to close this case. (Signed by Judge Kimba M. Wood on 7/19/2012) (lmb)

Date Filed

Document Text

July 20, 2012

Filing 6 OPINION & ORDER. For the reasons set forth above, the Court DENIES Petitioner's motion to vacate his conviction and sentence pursuant to Section 2255. A certificate of appealability will not issue because Petitioner has not made a substantial s howing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2). Pursuant to 28 U.S.C. § 1915(a)(3), this Court certifies, that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to close this case. (Signed by Judge Kimba M. Wood on 7/19/2012) (lmb)

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Respondent: USA
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Petitioner: Jose Miguel Marte
Represented By:	Flora Edwards
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