Barnes v. United States of America

Barnes v. United States of America

Petitioner:	Tyrone Barnes
Respondent:	United States Of America
Case Number:	1:2013cv01226
Filed:	February 14, 2013
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Shira A. Scheindlin
Nature of Suit:	Prisoner: Vacate Sentence
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
July 2, 2013	Filing 7 OPINION AND ORDER. For the foregoing reasons, Barnes' section 2255 Motion is denied in its entirety. The remaining issue is whether to grant a Certificate of Appealability ("COA"). For a COA to issue, a petitioner must make a "sub stantial 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, but merely that "reasonable jurists could debate whether... the p etition 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 Certificate of Appealability. The Clerk of the Court is directed to close this case. (Signed by Judge Shira A. Scheindlin on 7/2/2013) (ja)

Date Filed

Document Text

July 2, 2013

Filing 7 OPINION AND ORDER. For the foregoing reasons, Barnes' section 2255 Motion is denied in its entirety. The remaining issue is whether to grant a Certificate of Appealability ("COA"). For a COA to issue, a petitioner must make a "sub stantial 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, but merely that "reasonable jurists could debate whether... the p etition 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 Certificate of Appealability. The Clerk of the Court is directed to close this case. (Signed by Judge Shira A. Scheindlin on 7/2/2013) (ja)

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Respondent: United States Of America
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Petitioner: Tyrone Barnes
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