Saleh v. United States of America
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|Date Filed||#||Document Text|
|September 9, 2016
ORDER DENYING PETITION TO VACATE CONVICTION PURSUANT TO 28 U.S.C. § 2255 -- For the reasons set forth in the ATTACHED WRITTEN OPINION AND ORDER, Petitioner's motion to vacate his conviction made pursuant to 28 U.S.C. § 2255 is dismisse d with prejudice. Petitioner is denied a certificate of appealability, as he has failed 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 fai th, and, therefore, in forma pauperis status is denied for purpose of an 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 Opinion and Order to pro se Petitioner. The Clerk of the Court is further directed to enter judgment and to close this case. SO ORDERED by Chief Judge Dora Lizette Irizarry on 9/9/2016. (Irizarry, Dora)
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