Mitchell v. USA

Mitchell v. USA

Petitioner:	Jason Mitchell
Respondent:	USA
Case Number:	1:2010cv05570
Filed:	July 22, 2010
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Bronx
Presiding Judge:	Jed S. Rakoff
Nature of Suit:	Motions to Vacate Sentence
Cause of Action:	28 U.S.C. § 2255
Jury Demanded By:	None

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Date Filed	Document Text
August 17, 2011	Filing 12 ORDER for 11 Report and Recommendation: The Court hereby adopts the Report, and, for the reasons stated therein, dismisses the complaint, with prejudice. Clerk to enter judgment. In addition, because petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. The Court also certifies that any appeal from this Order would not be taken in good faith, as petitioner's claims lack any arguable basis in law or fact, and therefore permission to proceed in forma pauperis is denied. Clerk to enter judgment. (Signed by Judge Jed S. Rakoff on 8/15/2011) (ab)

Date Filed

Document Text

August 17, 2011

Filing 12 ORDER for 11 Report and Recommendation: The Court hereby adopts the Report, and, for the reasons stated therein, dismisses the complaint, with prejudice. Clerk to enter judgment. In addition, because petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. The Court also certifies that any appeal from this Order would not be taken in good faith, as petitioner's claims lack any arguable basis in law or fact, and therefore permission to proceed in forma pauperis is denied. Clerk to enter judgment. (Signed by Judge Jed S. Rakoff on 8/15/2011) (ab)

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Respondent: USA
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Petitioner: Jason Mitchell
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