Ramos v. United States of America

Ramos v. United States of America

Petitioner:	FNU LNU
Respondent:	United States of America
Case Number:	1:2013cv03507
Filed:	May 22, 2013
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Bronx
Presiding Judge:	Laura Taylor Swain
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
September 4, 2015	Filing 22 MEMORANDUM OPINION AND ORDER: For the foregoing reasons, the Petitioner's motion to vacate, set aside, or correct his sentence is denied. This Memorandum Opinion and Order resolves docket entry no. 263 (06-CR-172). The Clerk of Court is requeste d to enter judgment in favor of the Government and to close case 13-CV-3507. Petitioner may not appeal this order unless "a circuit justice or judge issues a certificate of appealability." 28 U.S.C.S. § 2253(c)(1) (LexisNexis 2008). A certificate will be granted "if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C.S. § 2253(c)(2) (LexisNexis 2008); see generally United States v. Perez, 129 F.3d 255, 259-60 (2d Cir. 199 7) (discussing the standard for issuing a certificate of appealability). The Court finds that Petitioner will not be able to sustain this burden. Thus, the Court declines to issue a certificate of appealability. Furthermore, the Court certifies, purs uant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith. Accordingly, any application to proceed on appeal in forma pauperis with respect to the claims addressed in this Order is denied. See Coppedge v. U nited States, 369 U.S. 438, 444 (1962). SO ORDERED. (As further set forth within this Opinion.) (Signed by Judge Laura Taylor Swain on 9/4/2015) (ajs); [* NOTE: Also docketed in related Criminal Case 06-CR-172(LTS), Doc.#275. *] Modified on 9/4/2015 (bw).

Date Filed

Document Text

September 4, 2015

Filing 22 MEMORANDUM OPINION AND ORDER: For the foregoing reasons, the Petitioner's motion to vacate, set aside, or correct his sentence is denied. This Memorandum Opinion and Order resolves docket entry no. 263 (06-CR-172). The Clerk of Court is requeste d to enter judgment in favor of the Government and to close case 13-CV-3507. Petitioner may not appeal this order unless "a circuit justice or judge issues a certificate of appealability." 28 U.S.C.S. § 2253(c)(1) (LexisNexis 2008). A certificate will be granted "if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C.S. § 2253(c)(2) (LexisNexis 2008); see generally United States v. Perez, 129 F.3d 255, 259-60 (2d Cir. 199 7) (discussing the standard for issuing a certificate of appealability). The Court finds that Petitioner will not be able to sustain this burden. Thus, the Court declines to issue a certificate of appealability. Furthermore, the Court certifies, purs uant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith. Accordingly, any application to proceed on appeal in forma pauperis with respect to the claims addressed in this Order is denied. See Coppedge v. U nited States, 369 U.S. 438, 444 (1962). SO ORDERED. (As further set forth within this Opinion.) (Signed by Judge Laura Taylor Swain on 9/4/2015) (ajs); [*** NOTE: Also docketed in related Criminal Case 06-CR-172(LTS), Doc.#275. ***] Modified on 9/4/2015 (bw).

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Respondent: United States of America
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Petitioner: FNU LNU
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