Scott v. United States of America

Scott v. United States of America

Petitioner:	Wayne Scott
Respondent:	United States of America
Case Number:	1:2016cv05127
Filed:	June 27, 2016
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Kings
Presiding Judge:	Katherine B. Forrest
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
July 13, 2016	Filing 3 OPINION & ORDER: For the reasons set forth above, Scott's petition to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255 is DENIED. The Court declines to issue a certificate of appealability because there has been no "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); see Matthews v. United States, 682 F.3d 180, 185 (2d Cir. 2012). The Court also finds, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from the denial of this motion would not be taken in good faith. See Feliz v. United States, Nos. 01 Civ. 5544(JFK), 00 CR. 53(JFK), 2002 WL 1964347, at *7 (S.D.N.Y. 2002). The Clerk of the Court is directed to terminate the motion at ECF No. 136 in 10-cr-954 and to terminate the action in 16-cv-5127. (As further set forth in this Opinion & Order.) (Signed by Judge Katherine B. Forrest on 7/13/2016) Copies Sent by Chambers. (mro)

Date Filed

Document Text

July 13, 2016

Filing 3 OPINION & ORDER: For the reasons set forth above, Scott's petition to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255 is DENIED. The Court declines to issue a certificate of appealability because there has been no "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); see Matthews v. United States, 682 F.3d 180, 185 (2d Cir. 2012). The Court also finds, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from the denial of this motion would not be taken in good faith. See Feliz v. United States, Nos. 01 Civ. 5544(JFK), 00 CR. 53(JFK), 2002 WL 1964347, at *7 (S.D.N.Y. 2002). The Clerk of the Court is directed to terminate the motion at ECF No. 136 in 10-cr-954 and to terminate the action in 16-cv-5127. (As further set forth in this Opinion & Order.) (Signed by Judge Katherine B. Forrest on 7/13/2016) Copies Sent by Chambers. (mro)

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Petitioner: Wayne Scott
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