Sealed Defendant 2 v. USA

Sealed Defendant 2 v. USA

Petitioner:	Paul Thompson
Respondent:	USA
Case Number:	1:2009cv05551
Filed:	June 17, 2009
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Bronx
Presiding Judge:	Shira A. Scheindlin
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, 2010	Filing 3 MEMORANDUM OPINION AND ORDER: For the foregoing reasons, Thompson's motion pursuant to section 2255 is denied. The remaining issue is whether to grant a certificate of appealability ("COA"). For a COA to issue, petitioner must make a "substantial showing of the denial of a constitutional right." A "substantial showing" does not require a petitioner to demonstrate that he would prevail on the merits; petitioner must merely show that reasonable jurists could diff er as to whether "the petition should have been resolved in a different manner or that the issues presented were' adequate to deserve encouragement to proceed further. Petitioner has made no such showing. Accordingly, I decline to grant a certificate of appealability. The Clerk of the Court is directed to close this motion [docket number 1] and this case. (Signed by Judge Shira A. Scheindlin on 4/12/2010) (jfe)

Date Filed

Document Text

April 14, 2010

Filing 3 MEMORANDUM OPINION AND ORDER: For the foregoing reasons, Thompson's motion pursuant to section 2255 is denied. The remaining issue is whether to grant a certificate of appealability ("COA"). For a COA to issue, petitioner must make a "substantial showing of the denial of a constitutional right." A "substantial showing" does not require a petitioner to demonstrate that he would prevail on the merits; petitioner must merely show that reasonable jurists could diff er as to whether "the petition should have been resolved in a different manner or that the issues presented were' adequate to deserve encouragement to proceed further. Petitioner has made no such showing. Accordingly, I decline to grant a certificate of appealability. The Clerk of the Court is directed to close this motion [docket number 1] and this case. (Signed by Judge Shira A. Scheindlin on 4/12/2010) (jfe)

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Respondent: USA
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Petitioner: Paul Thompson
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