Pantoliano v. United States of America

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

Pantoliano v. United States of America

Petitioner:	Katosh Pantoliano
Respondent:	United States of America
Case Number:	1:2013cv06417
Filed:	November 14, 2013
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Kiyo A. Matsumoto
Nature of Suit:	Prisoner: Vacate Sentence
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 4, 2020	Filing 50 For the reasons stated in the attached Memorandum and Order, Mr. Pantoliano's § 2255 petition 1 is DENIED in its entirety. Because Mr. Pantoliano has not made a substantial showing of the denial of a constitutional right, a certificate o f appealability shall not issue. 28 U.S.C. § 2253(c); Miller-El v. Cockrell, 537 U.S. 322, 327 (2003) (discussing certificate of appealability standard); Rules Governing Section 2254 and 2255 Cases, Rule 11 ("The district court must issue or deny a certificate of appealability when it enters a final order adverse to the applicant."). The Clerk of Court is respectfully directed to enter judgment in favor of Respondent, and to close the case. The Government is respectfully directed to serve Petitioner with a copy of this Memorandum & Order and the Judgement at his last known address, and to note service on the docket by 5/11/2020. In addition, the court's review of the docket revealed that several filings con tain the full name and/or pictures and/or medical information regarding Mr. Pantoliano's minor child (ECF Nos. 1 , 19 , 37 , 39 ). Pursuant to the E-Government Act of 2002, and corresponding guidance adopted by this court, see https://img.n yed.uscourts.gov/files/local_rules/egov2002-amd8204.pdf, filings should not include such information. The Clerk of Court is, therefore, respectfully directed to restrict access to the aforementioned docket entries to case participants only, to protect the child's privacy.Ordered by Judge Kiyo A. Matsumoto on 5/4/2020. (Mayer, Michael)

Date Filed

Document Text

May 4, 2020

Filing 50 For the reasons stated in the attached Memorandum and Order, Mr. Pantoliano's § 2255 petition 1 is DENIED in its entirety. Because Mr. Pantoliano has not made a substantial showing of the denial of a constitutional right, a certificate o f appealability shall not issue. 28 U.S.C. § 2253(c); Miller-El v. Cockrell, 537 U.S. 322, 327 (2003) (discussing certificate of appealability standard); Rules Governing Section 2254 and 2255 Cases, Rule 11 ("The district court must issue or deny a certificate of appealability when it enters a final order adverse to the applicant."). The Clerk of Court is respectfully directed to enter judgment in favor of Respondent, and to close the case. The Government is respectfully directed to serve Petitioner with a copy of this Memorandum & Order and the Judgement at his last known address, and to note service on the docket by 5/11/2020. In addition, the court's review of the docket revealed that several filings con tain the full name and/or pictures and/or medical information regarding Mr. Pantoliano's minor child (ECF Nos. 1 , 19 , 37 , 39 ). Pursuant to the E-Government Act of 2002, and corresponding guidance adopted by this court, see https://img.n yed.uscourts.gov/files/local_rules/egov2002-amd8204.pdf, filings should not include such information. The Clerk of Court is, therefore, respectfully directed to restrict access to the aforementioned docket entries to case participants only, to protect the child's privacy.Ordered by Judge Kiyo A. Matsumoto on 5/4/2020. (Mayer, Michael)

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Petitioner: Katosh Pantoliano
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Respondent: United States of America
Represented By:	Celia Cohen
Represented By:	Douglas M. Pravda
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