Luis Rosario v. USA

Luis Rosario v. USA

Petitioner:	Luis Rosario
Respondent:	USA
Case Number:	1:2013cv07473
Filed:	October 22, 2013
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Bronx
Presiding Judge:	Katherine B. Forrest
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
November 6, 2013	Filing 3 OPINION & ORDER: Rosario's motion under 28 U.S.C. § 2255 is DENIED. The Clerk of Court is directed to close any open motions and to terminate these actions. The Court declines to issue a certificate of appealability because there has been n o "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); see Matthews v. United States, 682 F.3d 180, 185 (2d Cir. 2012). The Court also finds, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal fr om the denial of this motion would not be taken in good faith. See Feliz v. United States, No. 01 Civ. 5544 (JFK), 2002 WL 1964347, at 7 (S.D.N.Y. 2002). The Clerk of Court is directed to close any open motions and to terminate these actions. (Signed by Judge Katherine B. Forrest on 11/6/2013) Copies Mailed By Chambers. (ft); [ NOTE: Also docketed in related Criminal Case 11-cr-91(KBF), see Doc.#113. *] Modified on 11/6/2013 (bw).

Date Filed

Document Text

November 6, 2013

Filing 3 OPINION & ORDER: Rosario's motion under 28 U.S.C. § 2255 is DENIED. The Clerk of Court is directed to close any open motions and to terminate these actions. The Court declines to issue a certificate of appealability because there has been n o "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); see Matthews v. United States, 682 F.3d 180, 185 (2d Cir. 2012). The Court also finds, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal fr om the denial of this motion would not be taken in good faith. See Feliz v. United States, No. 01 Civ. 5544 (JFK), 2002 WL 1964347, at *7 (S.D.N.Y. 2002). The Clerk of Court is directed to close any open motions and to terminate these actions. (Signed by Judge Katherine B. Forrest on 11/6/2013) Copies Mailed By Chambers. (ft); [*** NOTE: Also docketed in related Criminal Case 11-cr-91(KBF), see Doc.#113. ***] Modified on 11/6/2013 (bw).

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