Hanks v. USA

Hanks v. USA

Petitioner:	Ronell Hanks
Respondent:	USA
Case Number:	3:2017cv00751
Filed:	May 8, 2017
Court:	US District Court for the District of Connecticut
Office:	New Haven Office
County:	XX US, Outside State
Presiding Judge:	Janet C. Hall
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
January 8, 2019	Filing 43 RULING denying 18 Motion to Vacate/Set Aside/Correct Sentence (2255). Having denied Hankss Amended Motion to Vacate, the court must now determine whether to issue a certificate of appealability pursuant to section 2253(c)(1)of title 28 of the Un ited States Code. The court may issue such a certificate only if the applicant has made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2). As the Second Circuit has explained, a substantial showing does not c ompel a petitioner to demonstrate that he would prevail on the merits, but merely that the issues involved in his case are debatable among jurists of reason; that a court could resolve the issues in a different manner; or that the questions are adequ ate to deserve encouragement to proceed further. Lucidore v. New York State Div. of Parole,209 F.3d 107, 112 (2d Cir. 2000) (emphasis in original, internal quotation marks and alterations omitted). Although the court does not believe that it erred in denying Hankss Motion to Vacate, Hanks has made a substantial showing of the denial of his constitutional right to the effective assistance of counsel. Accordingly, the court will issue a certificate of appealability.The Clerk is hereby directed to close this case.. Signed by Judge Janet C. Hall on 1/2/2019. (Lewis, D)

Date Filed

Document Text

January 8, 2019

Filing 43 RULING denying 18 Motion to Vacate/Set Aside/Correct Sentence (2255). Having denied Hankss Amended Motion to Vacate, the court must now determine whether to issue a certificate of appealability pursuant to section 2253(c)(1)of title 28 of the Un ited States Code. The court may issue such a certificate only if the applicant has made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2). As the Second Circuit has explained, a substantial showing does not c ompel a petitioner to demonstrate that he would prevail on the merits, but merely that the issues involved in his case are debatable among jurists of reason; that a court could resolve the issues in a different manner; or that the questions are adequ ate to deserve encouragement to proceed further. Lucidore v. New York State Div. of Parole,209 F.3d 107, 112 (2d Cir. 2000) (emphasis in original, internal quotation marks and alterations omitted). Although the court does not believe that it erred in denying Hankss Motion to Vacate, Hanks has made a substantial showing of the denial of his constitutional right to the effective assistance of counsel. Accordingly, the court will issue a certificate of appealability.The Clerk is hereby directed to close this case.. Signed by Judge Janet C. Hall on 1/2/2019. (Lewis, D)

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Petitioner: Ronell Hanks
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Respondent: USA
Represented By:	Tracy Lee Dayton
Represented By:	John B. Hughes
Represented By:	Rahul Kale
Represented By:	William J. Nardini
Represented By:	Vanessa Richards
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