Diallo v. United States of America

Diallo v. United States of America

Petitioner:	Amadou Diallo
Respondent:	United States of America
Case Number:	1:2012cv03310
Filed:	April 26, 2012
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	Marvin E. Aspen
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
September 10, 2014	Filing 15 MEMORANDUM OPINION AND ORDER: For the reasons discussed above, we deny Diallo's motion, pursuant to Section 2255 to vacate, set aside or correct the sentence against him. CERTIFICATE OF APPEALABILITY: Although Diallo did not request a Certifi cate of Appealability ("COA") in his petition, we sua sponte consider it. Muyet v. United States, No. 01 Civ. 9371, 2005 WL 427594, at *1 (S.D.N.Y. Feb. 22, 2005) (explaining that district courts can sua sponte deny a COA). A substantial showing of a denial of a constitutional right is required under 28 U.S.C. § 2253 for a COA. Miller-el v. Cockrell, 537 U.S. 322, 336, 123 S. Ct. 1029, 1039 (2003); see also Lozada v. United States, 107 F.3d 1011, 1017 (2d Cir. 1997), abrogat ed on other grounds by U.S. v. Perez, 129 F.3d 255, 25960 (2d Cir. 1997). Diallo has not made the required substantial showing through his petition or through his response brief. Therefore, we deny Diallo's COA. It is so ordered. (Signed by Judge Marvin E. Aspen on 9/10/2014) (ja)

Date Filed

Document Text

September 10, 2014

Filing 15 MEMORANDUM OPINION AND ORDER: For the reasons discussed above, we deny Diallo's motion, pursuant to Section 2255 to vacate, set aside or correct the sentence against him. CERTIFICATE OF APPEALABILITY: Although Diallo did not request a Certifi cate of Appealability ("COA") in his petition, we sua sponte consider it. Muyet v. United States, No. 01 Civ. 9371, 2005 WL 427594, at *1 (S.D.N.Y. Feb. 22, 2005) (explaining that district courts can sua sponte deny a COA). A substantial showing of a denial of a constitutional right is required under 28 U.S.C. § 2253 for a COA. Miller-el v. Cockrell, 537 U.S. 322, 336, 123 S. Ct. 1029, 1039 (2003); see also Lozada v. United States, 107 F.3d 1011, 1017 (2d Cir. 1997), abrogat ed on other grounds by U.S. v. Perez, 129 F.3d 255, 25960 (2d Cir. 1997). Diallo has not made the required substantial showing through his petition or through his response brief. Therefore, we deny Diallo's COA. It is so ordered. (Signed by Judge Marvin E. Aspen on 9/10/2014) (ja)

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Respondent: United States of America
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Petitioner: Amadou Diallo
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