Lozano v. USA

Lozano v. USA

Petitioner:	Carlos Humberto Lozano
Respondent:	USA
Case Number:	1:2009cv03130
Filed:	April 1, 2009
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Gerard E. Lynch
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
April 14, 2009	Filing 3 OPINION & ORDER #97415 as to Carlos Humberto Lozano re:MOTION to Vacate under 28 U.S.C. 2255 filed by Carlos Humberto Lozano. Carlos Humberto Lozano, a federal prisoner, moves pursuant to 28 U.S.C. § 2255 to vacate his sentence. Because "it plainly appears from the motion... and the record of prior proceedings that [Lozano] is not entitled to relief," Rule 4(a), Rules Governing Section 2255 Proceedings for the United States District Courts, no response from the Government will be required, and the petition will be summarily dismissed. Moreover, because the petition is utterly frivolous, the Court finds that any appeal would not be taken in good faith; leave to appeal in forma pauperis is therefore denied. (Signed by Judge Gerard E. Lynch on 4/14/09) (jw) Modified on 4/16/2009 (mro).

Date Filed

Document Text

April 14, 2009

Filing 3 OPINION & ORDER #97415 as to Carlos Humberto Lozano re:MOTION to Vacate under 28 U.S.C. 2255 filed by Carlos Humberto Lozano. Carlos Humberto Lozano, a federal prisoner, moves pursuant to 28 U.S.C. § 2255 to vacate his sentence. Because "it plainly appears from the motion... and the record of prior proceedings that [Lozano] is not entitled to relief," Rule 4(a), Rules Governing Section 2255 Proceedings for the United States District Courts, no response from the Government will be required, and the petition will be summarily dismissed. Moreover, because the petition is utterly frivolous, the Court finds that any appeal would not be taken in good faith; leave to appeal in forma pauperis is therefore denied. (Signed by Judge Gerard E. Lynch on 4/14/09) (jw) Modified on 4/16/2009 (mro).

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Petitioner: Carlos Humberto Lozano
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