Diaz v. United States of America

Diaz v. United States of America

Plaintiff:	Juan Diaz
Defendant:	United States of America
Case Number:	1:2016cv06710
Filed:	August 25, 2016
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	Jesse M. Furman
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
January 11, 2017	Filing 7 MEMORANDUM OPINION AND ORDER: Diaz's motion is DENIED in its entirety. As Diaz has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253; see also Lozada v. United States, 107 F.3d 1011, 1015-16 (2d Cir. 1997), abrogated on other grounds by United States v. Perez, 129 F.3d 255, 259-60 (2d Cir. 1997). Moreover, this Court certifies pursuant to Title 28, United States Code, Section 1915(a)(3 ) that any appeal from this Order would not be taken in good faith, so in forma pauperis status is denied. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to close Docket No. 16-CV-6710, to terminate Docket No. 99 in 14-CR-442, and to mail a copy of this Memorandum Opinion and Order to Diaz. (As further set forth in this Memorandum Opinion and Order.) (Signed by Judge Jesse M. Furman on 1/11/2017) (mro)

Date Filed

Document Text

January 11, 2017

Filing 7 MEMORANDUM OPINION AND ORDER: Diaz's motion is DENIED in its entirety. As Diaz has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253; see also Lozada v. United States, 107 F.3d 1011, 1015-16 (2d Cir. 1997), abrogated on other grounds by United States v. Perez, 129 F.3d 255, 259-60 (2d Cir. 1997). Moreover, this Court certifies pursuant to Title 28, United States Code, Section 1915(a)(3 ) that any appeal from this Order would not be taken in good faith, so in forma pauperis status is denied. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to close Docket No. 16-CV-6710, to terminate Docket No. 99 in 14-CR-442, and to mail a copy of this Memorandum Opinion and Order to Diaz. (As further set forth in this Memorandum Opinion and Order.) (Signed by Judge Jesse M. Furman on 1/11/2017) (mro)

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Defendant: United States of America
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Plaintiff: Juan Diaz
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