Hernandez v. United States of America

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

Hernandez v. United States of America

Plaintiff:	Luis Hernandez
Defendant:	United States of America
Case Number:	1:2016cv07108
Filed:	September 9, 2016
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Loretta A. Preska
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
September 15, 2021	Filing 6 ORDER: For the foregoing reasons, Mr. Hernandez's § 2255 motion [dkt. no. 1 in 16-CV-7108; dkt. no. 337] is DENIED. Because Mr. Hernandez has not made a substantial showing of a denial of a constitutional right, a certificate of appeala bility will not issue. See 28 U.S.C. § 2253(c). The Court certifies that any appeal from this Order would not be taken in good faith. See id. § 1915(a)(3); Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is di rected to (1) mark action number 16-CV-7108 closed and deny all pending motions as moot, and (2) mail a copy of this order to Mr. Hernandez. SO ORDERED. (Signed by Judge Loretta A. Preska on 9/15/2021) (va) Transmission to Docket Assistant Clerk for processing.

Date Filed

Document Text

September 15, 2021

Filing 6 ORDER: For the foregoing reasons, Mr. Hernandez's § 2255 motion [dkt. no. 1 in 16-CV-7108; dkt. no. 337] is DENIED. Because Mr. Hernandez has not made a substantial showing of a denial of a constitutional right, a certificate of appeala bility will not issue. See 28 U.S.C. § 2253(c). The Court certifies that any appeal from this Order would not be taken in good faith. See id. § 1915(a)(3); Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is di rected to (1) mark action number 16-CV-7108 closed and deny all pending motions as moot, and (2) mail a copy of this order to Mr. Hernandez. SO ORDERED. (Signed by Judge Loretta A. Preska on 9/15/2021) (va) Transmission to Docket Assistant Clerk for processing.

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Defendant: United States of America
Represented By:	David Raymond Lewis
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Plaintiff: Luis Hernandez
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