Hasarafally v. USA
Ameer Hasarafally |
USA |
1:2010cv03457 |
April 26, 2010 |
US District Court for the Southern District of New York |
Foley Square Office |
New York |
Paul G. Gardephe |
Motions to Vacate Sentence |
28 U.S.C. ยง 2255 |
None |
Available Case Documents
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Filing 8 OPINION AND ORDER: Hasarafallys Petition and Motion for Sentence Reduction are denied on the merits. Hasarafallys Motion to Amend in denied as untimely. The Clerk of the Court is directed to close the outstanding motions in the criminal case (Docket Entries # 39 and 41 in case number 05 CR 401 (MBM)) as well as in the civil case (Docket Entry # 1 in case number 10 Civ. 3457 (SAS)). The Clerk of the Court is further directed to close case number 10 Civ. 3457 (SAS). The remaining issue is whether to grant a Certificate of Appealability (COA). For a COA to issue, a 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 m erits, but merely that reasonable jurists could debate 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, this Court declines to issue a CGA with regard to the Petition, the Motion for Sentence Adjustment, and the Motion to Amend. (Signed by Judge Shira A. Scheindlin on 12/10/2012) (ft) |
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Respondent: USA | |
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Petitioner: Ameer Hasarafally | |
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