Pimentel v. United States of America

Pimentel v. United States of America

Plaintiff:	Ricardo Pimentel
Defendant:	United States of America
Case Number:	1:2015cv03057
Filed:	April 9, 2015
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Essex
Presiding Judge:	Laura Taylor Swain
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
December 14, 2015	Filing 4 MEMORANDUM OPINION AND ORDER: Petitioner's motion pursuant to 28 U.S.C. § 2255 is denied in its entirety. Because Petitioner has not raised meritorious claims, the Court also denies Petitioner's request for appointment of counsel. Pet itioner may not appeal this order unless "a circuit justice or judge issues a certificate of appealability." 28 U.S.C.S. § 2253(c)(1) (Lexis 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) (Lexis 2008); see generally United States v. Perez, 129 F.3d 255, 259-60 (2d Cir. 1997) (discussing the standard for issuing a certificate of appealabilty). The Court finds tha t Petitioner will not be able to sustain this burden. The Court declines to issue a certificate of appealability. Furthermore, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good fait h. See Coppedge v. United States, 369 U.S. 438, 444 (1962). This memorandum opinion and order resolves docket entry number 1733, under case number 10 Cr. 905. The clerk of court is also directed to close case number 15 Civ. 3057. (As further set forth in this Order.) (Signed by Judge Laura Taylor Swain on 12/14/2015) Copies Mailed By Chambers. (spo)

Date Filed

Document Text

December 14, 2015

Filing 4 MEMORANDUM OPINION AND ORDER: Petitioner's motion pursuant to 28 U.S.C. § 2255 is denied in its entirety. Because Petitioner has not raised meritorious claims, the Court also denies Petitioner's request for appointment of counsel. Pet itioner may not appeal this order unless "a circuit justice or judge issues a certificate of appealability." 28 U.S.C.S. § 2253(c)(1) (Lexis 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) (Lexis 2008); see generally United States v. Perez, 129 F.3d 255, 259-60 (2d Cir. 1997) (discussing the standard for issuing a certificate of appealabilty). The Court finds tha t Petitioner will not be able to sustain this burden. The Court declines to issue a certificate of appealability. Furthermore, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good fait h. See Coppedge v. United States, 369 U.S. 438, 444 (1962). This memorandum opinion and order resolves docket entry number 1733, under case number 10 Cr. 905. The clerk of court is also directed to close case number 15 Civ. 3057. (As further set forth in this Order.) (Signed by Judge Laura Taylor Swain on 12/14/2015) Copies Mailed By Chambers. (spo)

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Defendant: United States of America
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Plaintiff: Ricardo Pimentel
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