Balkany v. United States of America

Balkany v. United States of America

Petitioner:	Milton Balkany
Respondent:	United States of America
Case Number:	1:2017cv08977
Filed:	November 8, 2017
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Denise L. Cote
Nature of Suit:	Mandamus and Other
Cause of Action:	28 U.S.C. § 1651
Jury Demanded By:	None

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Date Filed	Document Text
November 29, 2017	Filing 2 MEMORANDUM OPINION AND ORDER: On August 11, 2017, defendant Milton Balkanys three year term of supervised release ended. On November 8, he filed a petition for a writ of error coram nobis, and a motion to recuse this Court under 28 U.S.C. § 144 and § 455......Balkany has failed to offer an explanation for why the relief he seeks here could not have been sought on direct appeal or through his § 2255 petition, and therefore cannot succeed in demonstrating that sound reasons exist f or failing to raise these grounds earlier. It is therefore unnecessary to address whether Balkany has met the other requirements to succeed on a petition for writ of error coram nobis. Accordingly, it is herebyORDERED that the November 8, 2017 moti on for recusal and petition for writ of error coram nobis are denied. IT IS FURTHER ORDERED that the petitioner has not made a substantial showing of a denial of a federal right and appellate review is, therefore, not warranted. Tankleff v. Senkowsk i, 135 F.3d 235, 241 (2d Cir. 1998); Rodriquez v. Scully, 905 F.2d 24, 24 (2d Cir. 1990). Pursuant to 28 U.S.C. § 1915(a)(3), any appeal from this Order would not be taken in good faith. Coppedge v. United States, 369 U.S. 438, 445 (1962). The Clerk of Court is directed to close the civil case, docket number 17cv8977. (Signed by Judge Denise L. Cote on 11/29/2017) Copy Mailed to Milton Balkany by Chambers(gr)

Date Filed

Document Text

November 29, 2017

Filing 2 MEMORANDUM OPINION AND ORDER: On August 11, 2017, defendant Milton Balkanys three year term of supervised release ended. On November 8, he filed a petition for a writ of error coram nobis, and a motion to recuse this Court under 28 U.S.C. § 144 and § 455......Balkany has failed to offer an explanation for why the relief he seeks here could not have been sought on direct appeal or through his § 2255 petition, and therefore cannot succeed in demonstrating that sound reasons exist f or failing to raise these grounds earlier. It is therefore unnecessary to address whether Balkany has met the other requirements to succeed on a petition for writ of error coram nobis. Accordingly, it is herebyORDERED that the November 8, 2017 moti on for recusal and petition for writ of error coram nobis are denied. IT IS FURTHER ORDERED that the petitioner has not made a substantial showing of a denial of a federal right and appellate review is, therefore, not warranted. Tankleff v. Senkowsk i, 135 F.3d 235, 241 (2d Cir. 1998); Rodriquez v. Scully, 905 F.2d 24, 24 (2d Cir. 1990). Pursuant to 28 U.S.C. § 1915(a)(3), any appeal from this Order would not be taken in good faith. Coppedge v. United States, 369 U.S. 438, 445 (1962). The Clerk of Court is directed to close the civil case, docket number 17cv8977. (Signed by Judge Denise L. Cote on 11/29/2017) Copy Mailed to Milton Balkany by Chambers(gr)

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Petitioner: Milton Balkany
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Respondent: United States of America
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