Creary v. USA

Creary v. USA

Petitioner:	Paul Creary
Respondent:	USA
Case Number:	1:2011cv06441
Filed:	August 30, 2011
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Allegany
Presiding Judge:	Shira A. Scheindlin
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
September 5, 2012	Filing 10 OPINION AND ORDER. For the foregoing reasons, Creary's section 2255 motion is denied. The remaining issue is whether to grant a Certificate of Appealability (COA). For a COA to issue, a petitioner must make a substantial showing of the denial o f a constitutional right. A substantial showing does not require a petitioner to demonstrate that he would prevail on the merits, but merely that reasonable jurists could debate whether the petition should have been resolved in a different manner or that the issues presented were 'adequate to deserve encouragement to proceed further.' Petitioner has made no such showing. Accordingly, I decline to grant a Certificate of Appealability. The Clerk of the Court is directed to close the instant motion [Docket # 1] and this case. (Signed by Judge Shira A. Scheindlin on 9/5/2012) (lmb)

Date Filed

Document Text

September 5, 2012

Filing 10 OPINION AND ORDER. For the foregoing reasons, Creary's section 2255 motion is denied. The remaining issue is whether to grant a Certificate of Appealability (COA). For a COA to issue, a petitioner must make a substantial showing of the denial o f a constitutional right. A substantial showing does not require a petitioner to demonstrate that he would prevail on the merits, but merely that reasonable jurists could debate whether the petition should have been resolved in a different manner or that the issues presented were 'adequate to deserve encouragement to proceed further.' Petitioner has made no such showing. Accordingly, I decline to grant a Certificate of Appealability. The Clerk of the Court is directed to close the instant motion [Docket # 1] and this case. (Signed by Judge Shira A. Scheindlin on 9/5/2012) (lmb)

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Respondent: USA
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Petitioner: Paul Creary
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