Johnson v. United States of America
John Hobby Johnson |
United States of America |
1:2016cv05113 |
June 21, 2016 |
US District Court for the Southern District of New York |
Foley Square Office |
New York |
Paul G. Gardephe |
Motions to Vacate Sentence |
28 U.S.C. ยง 2255 |
None |
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Filing 8 ORDER: For the reasons stated above, Hobby Johnson's petition under 28 U.S.C. § 2255 to vacate his Section 924(c) conviction is denied. A certificate of appealability may not issue unless "the applicant has made a substantial showin g of the denial of a constitutional right." 28 U.S.C. § 2253(c). Where, as here, "a district court has rejected the constitutional claims on the merits, the showing required to satisfy § 2253(c) is straightforward: The petition er must demonstrate that reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong." Slack v. McDaniel, 529 U.S. 473, 484 (2000). Hobby Johnson can make no such showing here, and accordingly a certificate of appealability will not issue. The Clerk of Court is directed to close the case (16 Civ. 5113). SO ORDERED. (Signed by Judge Paul G. Gardephe on 2/17/2021) (jca) |
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Defendant: United States of America | |
Represented By: | Michael Kim Krouse |
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Plaintiff: John Hobby Johnson | |
Represented By: | Peggy Cross-Goldenberg |
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