Jimenez v. United States of America

Jimenez v. United States of America

Plaintiff:	Rafael Jimenez
Defendant:	United States of America
Case Number:	1:2015cv01974
Filed:	March 10, 2015
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Katherine B. Forrest
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
August 31, 2015	Filing 6 OPINION & ORDER: For the reasons set forth above, Jimenez's petition to vacate, set aside, or correct his sentence under 28 U.S.C. 2255 is DENIED. The Court declines to issue a certificate of appealability because there has been no "substa ntial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); see Matthews v. United States, 682 F.3d 180, 185 (2d Cir. 2012). The Court also finds, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from the de nial of this motion would not be taken in good faith. See Feliz v. United States, Nos. 01 Civ. 5544(JFK), 00 CR. 53(JFK), 2002 WL 1964347, at *7 (S.D.N.Y. 2002). The Clerk of the Court is directed to terminate this action. (Signed by Judge Katherine B. Forrest on 8/31/2015) Copies Sent By Chambers. (tro)

Date Filed

Document Text

August 31, 2015

Filing 6 OPINION & ORDER: For the reasons set forth above, Jimenez's petition to vacate, set aside, or correct his sentence under 28 U.S.C. 2255 is DENIED. The Court declines to issue a certificate of appealability because there has been no "substa ntial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); see Matthews v. United States, 682 F.3d 180, 185 (2d Cir. 2012). The Court also finds, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from the de nial of this motion would not be taken in good faith. See Feliz v. United States, Nos. 01 Civ. 5544(JFK), 00 CR. 53(JFK), 2002 WL 1964347, at *7 (S.D.N.Y. 2002). The Clerk of the Court is directed to terminate this action. (Signed by Judge Katherine B. Forrest on 8/31/2015) Copies Sent By Chambers. (tro)

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Defendant: United States of America
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Plaintiff: Rafael Jimenez
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