Ramirez-Hernandez v. United States of America

Justia Dockets & Filings Second Circuit New York Eastern District Ramirez-Hernandez v. United States of America

Ramirez-Hernandez v. United States of America

Petitioner:	Hernan Ramirez-Hernandez
Respondent:	United States of America
Case Number:	1:2009cv04107
Filed:	September 15, 2009
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
County:	Kings
Presiding Judge:	Dora Lizette Irizarry
Nature of Suit:	None
Cause of Action:	28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentenc
Jury Demanded By:	None

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Date Filed	Document Text
May 21, 2012	Filing 5 ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 USC §2255 -- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, pro se petitioner's request for relief pursuant to 28 USC §2255 is denied in it s entirety. Petitioner is further denied a certificate of appealability as he fails to make a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); see Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003); Luciadore v. New York State Div. of Parole, 209 F. 3d 107, 112 (2d Cir. 2000). The court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and, therefor e, in forma pauperis status is denied for purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is directed to mail a copy of this Electronic Order and the Attached Written Memorandum and Order to pro se petitioner and to close this case. SO ORDERED by Judge Dora Lizette Irizarry on 5/21/2012. (Irizarry, Dora)

Date Filed

Document Text

May 21, 2012

Filing 5 ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 USC §2255 -- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, pro se petitioner's request for relief pursuant to 28 USC §2255 is denied in it s entirety. Petitioner is further denied a certificate of appealability as he fails to make a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); see Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003); Luciadore v. New York State Div. of Parole, 209 F. 3d 107, 112 (2d Cir. 2000). The court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and, therefor e, in forma pauperis status is denied for purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is directed to mail a copy of this Electronic Order and the Attached Written Memorandum and Order to pro se petitioner and to close this case. SO ORDERED by Judge Dora Lizette Irizarry on 5/21/2012. (Irizarry, Dora)

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Petitioner: Hernan Ramirez-Hernandez
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