Chen v. USA

Chen v. USA

Petitioner:	John Chen
Respondent:	USA
Case Number:	1:2014cv04987
Filed:	June 20, 2014
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	John F. Keenan
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
September 28, 2017	Filing 19 OPINION & ORDER re: 2 MOTION to Vacate. For the reasons described above, Chen's motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 is denied. There is no need for an evidentiary hearing because "th e motion and the files and records of the case conclusively show that the prisoner is entitled to no relief." 28 U.S.C. § 2255 (b). The Court declines to issue a certificate of appealability because Chen has not made a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253 (c)(2); Krantz v. United States, 224 F.3d 125, 127 (2d Cir. 2000). Further, the Court certifies, pursuant to 28 U.S.C. § 1915(a) (3), that any appeal from this Order would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is respectfully directed to close the case and enter judgment for the Government. SO ORDERED. (Signed by Judge John F. Keenan on 9/28/2017) (anc)

Date Filed

Document Text

September 28, 2017

Filing 19 OPINION & ORDER re: 2 MOTION to Vacate. For the reasons described above, Chen's motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 is denied. There is no need for an evidentiary hearing because "th e motion and the files and records of the case conclusively show that the prisoner is entitled to no relief." 28 U.S.C. § 2255 (b). The Court declines to issue a certificate of appealability because Chen has not made a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253 (c)(2); Krantz v. United States, 224 F.3d 125, 127 (2d Cir. 2000). Further, the Court certifies, pursuant to 28 U.S.C. § 1915(a) (3), that any appeal from this Order would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is respectfully directed to close the case and enter judgment for the Government. SO ORDERED. (Signed by Judge John F. Keenan on 9/28/2017) (anc)

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Respondent: USA
Represented By:	Rachel Maimin
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Petitioner: John Chen
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