Fernandez v. United States of America

Justia Dockets & Filings Second Circuit New York Southern District Fernandez v. United States of America

Fernandez v. United States of America

Plaintiff:	Juan Fernandez
Defendant:	United States of America
Case Number:	1:2015cv02230
Filed:	March 16, 2015
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	Jesse M. Furman
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 12, 2016	Filing 15 OPINION AND ORDER: For the reasons stated above, there is no need to hold a full testimonial hearing, and Fernandez's motion is DENIED in its entirety. One housekeeping issue remains. Goltzer, presumably out of an abundance of caution, req uested that his affidavit be filed under seal and the Court temporarily granted that request. (Docket No. 587). Although directed to do so, Fernandez did not make any argument for keeping the affidavit under seal; moreover, his own declaration - f iled publicly on the docket - discloses his attempts to cooperate with the Government. In light of that, the Court concludes that there is no basis to keep the Goltzer affidavit under seal. See, e.g., Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 1 10, 119-20 (2d Cir. 2006) (discussing the presumption in favor of public access to judicial documents). As Fernandez has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253; see also Lozada v. United States, 107 F.3d 1011, 1015-16 (2d Cir. 1997), abrogated on other grounds by United States v. Perez, 129 F.3d 255, 259-60 (2d Cir. 1997). Moreover, this Court certifies pursuant to Title 28, United States Code, Section 1915(a)(3) that any appeal from this Order would not be taken in good faith, so in forma pauperis status is denied. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to close Docket No. 15-CV-2230, to unseal the Goltzer affidavit, and to mail a copy of this Opinion and Order to Fernandez. (Signed by Judge Jesse M. Furman on 9/12/2016) (tn)

Date Filed

Document Text

September 12, 2016

Filing 15 OPINION AND ORDER: For the reasons stated above, there is no need to hold a full testimonial hearing, and Fernandez's motion is DENIED in its entirety. One housekeeping issue remains. Goltzer, presumably out of an abundance of caution, req uested that his affidavit be filed under seal and the Court temporarily granted that request. (Docket No. 587). Although directed to do so, Fernandez did not make any argument for keeping the affidavit under seal; moreover, his own declaration - f iled publicly on the docket - discloses his attempts to cooperate with the Government. In light of that, the Court concludes that there is no basis to keep the Goltzer affidavit under seal. See, e.g., Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 1 10, 119-20 (2d Cir. 2006) (discussing the presumption in favor of public access to judicial documents). As Fernandez has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253; see also Lozada v. United States, 107 F.3d 1011, 1015-16 (2d Cir. 1997), abrogated on other grounds by United States v. Perez, 129 F.3d 255, 259-60 (2d Cir. 1997). Moreover, this Court certifies pursuant to Title 28, United States Code, Section 1915(a)(3) that any appeal from this Order would not be taken in good faith, so in forma pauperis status is denied. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to close Docket No. 15-CV-2230, to unseal the Goltzer affidavit, and to mail a copy of this Opinion and Order to Fernandez. (Signed by Judge Jesse M. Furman on 9/12/2016) (tn)

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Defendant: United States of America
Represented By:	Kimberly Jane Ravener
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Plaintiff: Juan Fernandez
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