Islam v. United States of America

Islam v. United States of America

Plaintiff:	Mir Islam
Defendant:	United States of America
Case Number:	1:2018cv00735
Filed:	January 25, 2018
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
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
December 19, 2018	Filing 5 OPINION AND ORDER: For the reasons stated above, Islam's § 2255 motion is DENIED. The Court also denies Islam's request for a hearing on these issues. See Gonzalez v. United States, 722 F.3d 118, 130 (2d Cir. 2013) (concluding that an evidentiary hearing is not warranted where the allegations are "vague, conclusory, or palpably incredible" (quoting Machibroda v. United States, 368 U.S. 487, 495 (1962))). A certificate of appealability will not issue because Islam has failed to make a substantial showing of a denial of a constitutional right. See 28 U.S.C. § 2253. The Clerk of Court is directed to close this case; all pending motions are moot. SO ORDERED. (Signed by Judge Kimba M. Wood on 12/11/2018) (ne)
December 11, 2018	Filing 4 OPINION AND ORDER: The Court's Opinion and Order dated December 11, 2018, resolving Petitioner's § 2255 motion, has been filed under seal. By December 19, 2018, defense counsel and counsel for the government shall provide the Court w ith a copy of the Opinion and Order red-lined to show the portions that are appropriately under seal, and giving the Court a date by which sealing will no longer be needed. The Court will contact the parties if the Court has any questions regarding the proposed redactions from the public copy of the Opinion and Order. SO ORDERED. (Signed by Judge Kimba M. Wood on 12/11/2018) (ne)

Date Filed

Document Text

December 19, 2018

Filing 5 OPINION AND ORDER: For the reasons stated above, Islam's § 2255 motion is DENIED. The Court also denies Islam's request for a hearing on these issues. See Gonzalez v. United States, 722 F.3d 118, 130 (2d Cir. 2013) (concluding that an evidentiary hearing is not warranted where the allegations are "vague, conclusory, or palpably incredible" (quoting Machibroda v. United States, 368 U.S. 487, 495 (1962))). A certificate of appealability will not issue because Islam has failed to make a substantial showing of a denial of a constitutional right. See 28 U.S.C. § 2253. The Clerk of Court is directed to close this case; all pending motions are moot. SO ORDERED. (Signed by Judge Kimba M. Wood on 12/11/2018) (ne)

December 11, 2018

Filing 4 OPINION AND ORDER: The Court's Opinion and Order dated December 11, 2018, resolving Petitioner's § 2255 motion, has been filed under seal. By December 19, 2018, defense counsel and counsel for the government shall provide the Court w ith a copy of the Opinion and Order red-lined to show the portions that are appropriately under seal, and giving the Court a date by which sealing will no longer be needed. The Court will contact the parties if the Court has any questions regarding the proposed redactions from the public copy of the Opinion and Order. SO ORDERED. (Signed by Judge Kimba M. Wood on 12/11/2018) (ne)

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Defendant: United States of America
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Plaintiff: Mir Islam
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