Whittingham v. USA

Whittingham v. USA

Petitioner:	Trevor Whittingham
Respondent:	USA
Case Number:	1:2014cv07738
Filed:	October 1, 2014
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Richard J. Sullivan
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
May 22, 2017	Filing 10 OPINION & ORDER: Trevor Whittingham ("Petitioner"), proceeding pro se, brings: (1) a petition for the issuance of a writ of habeas corpus pursuant to 28 U.S.C. § 2255 (Doc. No. 30 (the "Petition" or "Pet."), and ( 2) a motion for early termination of supervised release (Doc. No. 34). For the reasons set forth below, the Court denies both the Petition and the motion for early termination. For the reasons set forth above, IT IS HEREBY ORDERED that the Petitio n and the motion for early termination of supervised release are DENIED. In addition, because Petitioner has not "made a substantial showing of the denial of a constitutional right," the Court will not issue a certificate of appealability . See 28 U.S.C. § 2253(c)(2); see also Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005). Furthermore, because any appeal would "lack[] an arguable basis in law or fact," Tavarez v. Reno, 54 F.3d 109, 110 (2d Cir. 1995), the Court cer tifies pursuant to 28 U.S.C. 9 15(a)(3) that any appeal from this Opinion and Order would not be undertaken in good faith, and, therefore, Petitioner may not proceed informa pauperis. The Clerk is respectfully directed to: (I) terminate the motion s pending at docket numbers 30 and 34 in case No. 12-cr-971 (RJS); (2) close the civil case, 14-cv-7738 (RJS); and (3) mail a copy of this Opinion and Order to Petitioner, and as further set forth in this order. (Signed by Judge Richard J. Sullivan on 5/22/2017) (ap)

Date Filed

Document Text

May 22, 2017

Filing 10 OPINION & ORDER: Trevor Whittingham ("Petitioner"), proceeding pro se, brings: (1) a petition for the issuance of a writ of habeas corpus pursuant to 28 U.S.C. § 2255 (Doc. No. 30 (the "Petition" or "Pet."), and ( 2) a motion for early termination of supervised release (Doc. No. 34). For the reasons set forth below, the Court denies both the Petition and the motion for early termination. For the reasons set forth above, IT IS HEREBY ORDERED that the Petitio n and the motion for early termination of supervised release are DENIED. In addition, because Petitioner has not "made a substantial showing of the denial of a constitutional right," the Court will not issue a certificate of appealability . See 28 U.S.C. § 2253(c)(2); see also Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005). Furthermore, because any appeal would "lack[] an arguable basis in law or fact," Tavarez v. Reno, 54 F.3d 109, 110 (2d Cir. 1995), the Court cer tifies pursuant to 28 U.S.C. 9 15(a)(3) that any appeal from this Opinion and Order would not be undertaken in good faith, and, therefore, Petitioner may not proceed informa pauperis. The Clerk is respectfully directed to: (I) terminate the motion s pending at docket numbers 30 and 34 in case No. 12-cr-971 (RJS); (2) close the civil case, 14-cv-7738 (RJS); and (3) mail a copy of this Opinion and Order to Petitioner, and as further set forth in this order. (Signed by Judge Richard J. Sullivan on 5/22/2017) (ap)

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Respondent: USA
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Petitioner: Trevor Whittingham
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