Johnson v. United States of America
||John Hobby Johnson
||United States of America
||June 21, 2016
||US District Court for the Southern District of New York
||Foley Square Office
||Paul G. Gardephe
|Nature of Suit:
||Motions to Vacate Sentence
|Cause of Action:
|Jury Demanded By:
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|February 17, 2021
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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