Slater v. United States America

Respondent: United States of America
Petitioner: Nathaniel Slater
Case Number: 1:2013cv00670
Filed: January 28, 2013
Court: New York Southern District Court
Office: Foley Square Office
County: Bronx
Referring Judge: Frank Maas
Presiding Judge: Jed S. Rakoff
Nature of Suit: Prisoner: Vacate Sentence
Cause of Action: 28:2255 Motion to Vacate / Correct Illegal Sentenc
Jury Demanded By: None

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Date Filed#Document Text
August 8, 2016 24 Opinion or Order of the Court ORDER: Adopting REPORT AND RECOMMENDATIONS for 22 Report and Recommendations. Accordingly, the Court dismisses the petition, with prejudice. In addition, because petitioner has not made a substantial showing of the denial of a constitutional righ t, a certificate of appealability will not issue. See 28 U.S.C. § 2253. Moreover, the Court certifies that any appeal by petitioner from this Order would not be taken in good faith, as petitioner's claim lacks any arguable basis in law or f act, and therefore permission to proceed in forma pauperis is denied. See 28 U.S.C. § 1915(a) (3); see also In re Seimon, 421 F.3d 167, 169 (2d Cir. 2005). The Clerk of the Court is hereby directed to close the motion at document number 1153 on the criminal docket of this case, U.S. v. Slater, 04-cr-48-36 (JSR), and to enter judgment on the civil docket. SO ORDERED. (Signed by Judge Jed S. Rakoff on 8/05/2016) (ama)

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