Maldonado v. United States of America

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

Maldonado v. United States of America

Petitioner:	Joseph Maldonado
Respondent:	United States of America
Case Number:	1:2016cv04864
Filed:	June 21, 2016
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	P. Kevin Castel
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
November 9, 2018	Filing 13 OPINION AND ORDER: Maldonado's motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255 is DENIED. The Clerk is directed to close the case captioned 16 Civ. 4864 (PKC). His application for the appointment of counsel is DENIED as moot; the legal points were ably briefed by Maldonado and did not require the appointment of counsel. Maldonado has not made a substantial showing of the denial of a constitutional right and, accordingly, a certificate of appealability w ill not issue. 28 U.S.C. § 2253; see Blackman v. Ercole, 661 F.3d 161, 163-64 (2d Cir. 2011). This Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied. See Coppedge v. United States, 369 U.S. 438 (1962). (Signed by Judge P. Kevin Castel on 11/9/2018) Copies Mailed By Chambers. (jwh)

Date Filed

Document Text

November 9, 2018

Filing 13 OPINION AND ORDER: Maldonado's motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255 is DENIED. The Clerk is directed to close the case captioned 16 Civ. 4864 (PKC). His application for the appointment of counsel is DENIED as moot; the legal points were ably briefed by Maldonado and did not require the appointment of counsel. Maldonado has not made a substantial showing of the denial of a constitutional right and, accordingly, a certificate of appealability w ill not issue. 28 U.S.C. § 2253; see Blackman v. Ercole, 661 F.3d 161, 163-64 (2d Cir. 2011). This Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied. See Coppedge v. United States, 369 U.S. 438 (1962). (Signed by Judge P. Kevin Castel on 11/9/2018) Copies Mailed By Chambers. (jwh)

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Respondent: United States of America
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Petitioner: Joseph Maldonado
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