Salemo v. USA

Salemo v. USA

Petitioner:	George Paul Salemo
Respondent:	USA
Case Number:	1:2014cv01868
Filed:	March 10, 2014
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Gabriel W. Gorenstein
Presiding Judge:	Jed S. Rakoff
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
March 10, 2017	Filing 40 ORDER for 37 Report and Recommendations, the Court finds itself in complete agreement with Magistrate Judge Gorenstein's Report and Recommendation and dismisses the action with prejudice. In addition, because petitioner has not made a subs tantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253. Moreover, the Court certifies that any appeal from this Order would not be taken in good faith, as petitioner's claim lacks any arguable basis in law or fact, and therefore permission to proceed in forma ris is also denied. See 28 U.S.C. § 1915(a) (3); see also Seimon v. Emigrant Savs. Bank (In re Seimon), 421 F.3d 167, 169 (2d Cir. 2005). The Clerk of the Court is hereby directed to enter final judgment. SO ORDERED. (Signed by Judge Jed S. Rakoff on 3/9/2017) (anc)

Date Filed

Document Text

March 10, 2017

Filing 40 ORDER for 37 Report and Recommendations, the Court finds itself in complete agreement with Magistrate Judge Gorenstein's Report and Recommendation and dismisses the action with prejudice. In addition, because petitioner has not made a subs tantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253. Moreover, the Court certifies that any appeal from this Order would not be taken in good faith, as petitioner's claim lacks any arguable basis in law or fact, and therefore permission to proceed in forma ris is also denied. See 28 U.S.C. § 1915(a) (3); see also Seimon v. Emigrant Savs. Bank (In re Seimon), 421 F.3d 167, 169 (2d Cir. 2005). The Clerk of the Court is hereby directed to enter final judgment. SO ORDERED. (Signed by Judge Jed S. Rakoff on 3/9/2017) (anc)

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Respondent: USA
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Petitioner: George Paul Salemo
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