Barbarino v. United States of America

Justia Dockets & Filings Second Circuit New York Southern District Barbarino v. United States of America

Barbarino v. United States of America

Plaintiff:	Lance Barbarino
Defendant:	United States of America
Case Number:	1:2015cv08387
Filed:	October 23, 2015
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Orange
Presiding Judge:	Thomas P. Griesa
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
April 11, 2017	Filing 16 OPINION: For the reasons stated above, the motion to correct, vacate, or set aside his sentence pursuant to 28 U.S.C. § 2255 and the request for resentencing pursuant to 18 U.S.C. § 3582(c) are denied. The Clerk of Court is directed to clos e the motion pending at Docket Number 297 in 10 Crim. 476 and to mark the corresponding civil action (No. 15 Civ. 8583) closed. Because Barbarino has not made a substantial showing of the denial of a constitutional right, a certificate of appealabili ty will not issue. Lucidore v. N.Y. State Div. of Parole, 209 F.3d 107, 111-13 (2d Cir. 2000). Pursuant to 28 U.S.C. § 1915(a)(3), the court certifies that any appeal from this Order would not be taken in good faith. See Coppedege v. United States, 369 U.S. 438, 445-46 (1962). (Signed by Judge Thomas P. Griesa on 4/11/2017) (jwh)

Date Filed

Document Text

April 11, 2017

Filing 16 OPINION: For the reasons stated above, the motion to correct, vacate, or set aside his sentence pursuant to 28 U.S.C. § 2255 and the request for resentencing pursuant to 18 U.S.C. § 3582(c) are denied. The Clerk of Court is directed to clos e the motion pending at Docket Number 297 in 10 Crim. 476 and to mark the corresponding civil action (No. 15 Civ. 8583) closed. Because Barbarino has not made a substantial showing of the denial of a constitutional right, a certificate of appealabili ty will not issue. Lucidore v. N.Y. State Div. of Parole, 209 F.3d 107, 111-13 (2d Cir. 2000). Pursuant to 28 U.S.C. § 1915(a)(3), the court certifies that any appeal from this Order would not be taken in good faith. See Coppedege v. United States, 369 U.S. 438, 445-46 (1962). (Signed by Judge Thomas P. Griesa on 4/11/2017) (jwh)

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Defendant: United States of America
Represented By:	Rebecca Gabrielle Mermelstein
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Plaintiff: Lance Barbarino
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