Awulye v. United States of America

Awulye v. United States of America

Plaintiff:	Prince Awulye
Defendant:	United States of America
Case Number:	1:2017cv04365
Filed:	June 9, 2017
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Richard J. Sullivan
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
February 18, 2020	Filing 10 OPINION & ORDER. IT IS HEREBY ORDERED THAT the Petition is DENIED. In addition, because Petitioner has not "made a substantial showing of the denial of a constitutional right," the Court will not issue a certificate of appealability. See 28 U.S.C. § 2253(c)(2); see also Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005). Furthermore, because any appeal would "lack[] an arguable basis in law or fact," Tavarez v. Reno, 54 F.3d 109, 110 (2d Cir. 1995), the Court certifie s pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Opinion and Order would not be undertaken in good faith, and, therefore, Petitioner may not proceed in forma pauperis. The Clerk of Court is respectfully directed to terminate the motion pending at document number 105 in Case No. 13-cr-875, to close Case No. 17-cv-4365, and to mail a copy of this Opinion and Order to Petitioner. SO ORDERED. (Signed by Judge Richard J. Sullivan on 2/18/20) (yv) Transmission to Docket Assistant Clerk for processing.

Date Filed

Document Text

February 18, 2020

Filing 10 OPINION & ORDER. IT IS HEREBY ORDERED THAT the Petition is DENIED. In addition, because Petitioner has not "made a substantial showing of the denial of a constitutional right," the Court will not issue a certificate of appealability. See 28 U.S.C. § 2253(c)(2); see also Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005). Furthermore, because any appeal would "lack[] an arguable basis in law or fact," Tavarez v. Reno, 54 F.3d 109, 110 (2d Cir. 1995), the Court certifie s pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Opinion and Order would not be undertaken in good faith, and, therefore, Petitioner may not proceed in forma pauperis. The Clerk of Court is respectfully directed to terminate the motion pending at document number 105 in Case No. 13-cr-875, to close Case No. 17-cv-4365, and to mail a copy of this Opinion and Order to Petitioner. SO ORDERED. (Signed by Judge Richard J. Sullivan on 2/18/20) (yv) Transmission to Docket Assistant Clerk for processing.

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Defendant: United States of America
Represented By:	Brendan Francis Quigley
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Plaintiff: Prince Awulye
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