Feliciano v. United States of America

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

Feliciano v. United States of America

Plaintiff:	Ismaeal Feliciano
Defendant:	United States of America
Case Number:	1:2017cv00914
Filed:	February 3, 2017
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
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
March 16, 2018	Filing 3 OPINION & ORDER: For the reasons set forth above, Feliciano's motion 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 const itutional 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 i n good faith. See Feliz v. United States, No. 01 Civ. 5544 (JFK), 2002 WL 1964347, at *7 (S.D.N.Y. 2002). The Clerk of Court is directed to close the motion at ECF No. 165 in 14-cr-0815 and to terminate the action at 17-cv-0914, and as further set forth in this order. (Signed by Judge Katherine B. Forrest on 3/16/2018) Copies Mailed by Chambers. (ap)

Date Filed

Document Text

March 16, 2018

Filing 3 OPINION & ORDER: For the reasons set forth above, Feliciano's motion 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 const itutional 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 i n good faith. See Feliz v. United States, No. 01 Civ. 5544 (JFK), 2002 WL 1964347, at *7 (S.D.N.Y. 2002). The Clerk of Court is directed to close the motion at ECF No. 165 in 14-cr-0815 and to terminate the action at 17-cv-0914, and as further set forth in this order. (Signed by Judge Katherine B. Forrest on 3/16/2018) Copies Mailed by Chambers. (ap)

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Plaintiff: Ismaeal Feliciano
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