Betancourt v. United States of America

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

Betancourt v. United States of America

Petitioner:	Jose Betancourt
Respondent:	United States of America
Case Number:	1:2017cv04750
Filed:	June 22, 2017
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Laura Taylor Swain
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
May 1, 2019	Filing 5 MEMORANDUM ORDER: For the foregoing reasons, Petitioners motion brought pursuant to 28 U.S.C. section 2255 is denied in its entirety. Petitioner may not appeal this order unless "a circuit justice or judge issues a certificate of appealability." 28 U.S.C.S. § 2253(c)(1) (LexisNexis 2008). A certificate will be granted "if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C.S. § 2253(c)(2) (LexisNexis 2008); see generally U nited States v. Perez, 129 F.3d 255, 259-60 (2d Cir. 1997) (discussing the standard for issuing a certificate of appealabilty). The Court finds that Petitioner will not be able to sustain this burden and declines to issue a certificate of appealabili ty. Furthermore, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438, 444 (1962). Although Petitioner has not updated his address wi th the Court, the Bureau of Prisons' Inmate Locator lists Petitioner's current facility as FCI Miami. The Clerk of Court is directed to update the docket accordingly and to mail any subsequent correspondence to the address listed at the end of this Memorandum Order.The Memorandum Order resolves Docket Entry No. 1988. SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/01/2019) (ama) Transmission to Docket Assistant Clerk for processing.

Date Filed

Document Text

May 1, 2019

Filing 5 MEMORANDUM ORDER: For the foregoing reasons, Petitioners motion brought pursuant to 28 U.S.C. section 2255 is denied in its entirety. Petitioner may not appeal this order unless "a circuit justice or judge issues a certificate of appealability." 28 U.S.C.S. § 2253(c)(1) (LexisNexis 2008). A certificate will be granted "if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C.S. § 2253(c)(2) (LexisNexis 2008); see generally U nited States v. Perez, 129 F.3d 255, 259-60 (2d Cir. 1997) (discussing the standard for issuing a certificate of appealabilty). The Court finds that Petitioner will not be able to sustain this burden and declines to issue a certificate of appealabili ty. Furthermore, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438, 444 (1962). Although Petitioner has not updated his address wi th the Court, the Bureau of Prisons' Inmate Locator lists Petitioner's current facility as FCI Miami. The Clerk of Court is directed to update the docket accordingly and to mail any subsequent correspondence to the address listed at the end of this Memorandum Order.The Memorandum Order resolves Docket Entry No. 1988. SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/01/2019) (ama) Transmission to Docket Assistant Clerk for processing.

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Respondent: United States of America
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Petitioner: Jose Betancourt
Represented By:	B. Alan Siedler
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