Mattera v. United States of America

Mattera v. United States of America

Petitioner:	John A. Mattera
Respondent:	United States of America
Case Number:	1:2016cv00783
Filed:	February 2, 2016
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
February 18, 2020	Filing 56 OPINION & ORDER. IT IS HEREBY ORDERED that the Amended Petition is 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 appealabilit y. 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 c ertifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Opinion and Order would not be undertaken in good faith, and, therefore, Petitioner may not proceed in forma pauperis. The Clerk of Court is respectfully directed to termina te the motion pending at document number 87 in Case No. 12-cr-127, to close Case No. 16-cv-783, and to mail a copy of this Opinion and Order to Petitioner. SO ORDERED. (Signed by Judge Richard J. Sullivan on 2/18/20) (yv) Transmission to Docket Assistant Clerk for processing.

Date Filed

Document Text

February 18, 2020

Filing 56 OPINION & ORDER. IT IS HEREBY ORDERED that the Amended Petition is 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 appealabilit y. 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 c ertifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Opinion and Order would not be undertaken in good faith, and, therefore, Petitioner may not proceed in forma pauperis. The Clerk of Court is respectfully directed to termina te the motion pending at document number 87 in Case No. 12-cr-127, to close Case No. 16-cv-783, and to mail a copy of this Opinion and Order to Petitioner. SO ORDERED. (Signed by Judge Richard J. Sullivan on 2/18/20) (yv) Transmission to Docket Assistant Clerk for processing.

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Respondent: United States of America
Represented By:	Jane Kim
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Petitioner: John A. Mattera
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