Jimenez v. The United States of America

Justia Dockets & Filings Second Circuit New York Southern District Jimenez v. The United States of America

Jimenez v. The United States of America

Case Number:	1:2006cv00323
Filed:	January 17, 2006
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Kenneth M. Karas
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
December 14, 2009	Filing 7 OPINION AND ORDER: #98348 For the foregoing reasons, Petitioner's second 2255 petition is hereby DENIED and DISMISSED. In addition, because Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of a ppealability will not issue, see 28 U.S.C. § 2253, and 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. Moreover, as Petitioner's claims lack any arguable basis i n law or fact, permission to proceed in forma pauperis on appeal is also denied. 28 U.S.C. § 1915(e)(2); see also In re Seimon, 421 F.3d 167, 169 (2d Cir. 2005). The Clerk of the Court is respectfully directed to enter judgment in favor of Respondent and to close this case. SO ORDERED. (Signed by Judge Richard J. Sullivan on 12/11/2009) (tve) Modified on 12/15/2009 (eef).

Date Filed

Document Text

December 14, 2009

Filing 7 OPINION AND ORDER: #98348 For the foregoing reasons, Petitioner's second 2255 petition is hereby DENIED and DISMISSED. In addition, because Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of a ppealability will not issue, see 28 U.S.C. § 2253, and 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. Moreover, as Petitioner's claims lack any arguable basis i n law or fact, permission to proceed in forma pauperis on appeal is also denied. 28 U.S.C. § 1915(e)(2); see also In re Seimon, 421 F.3d 167, 169 (2d Cir. 2005). The Clerk of the Court is respectfully directed to enter judgment in favor of Respondent and to close this case. SO ORDERED. (Signed by Judge Richard J. Sullivan on 12/11/2009) (tve) Modified on 12/15/2009 (eef).

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