Cook v. United States of America

Cook v. United States of America

Petitioner:	John William Cook, Jr.
Respondent:	United States of America
Case Number:	1:2018cv04271
Filed:	May 11, 2018
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Alison J. Nathan
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
November 18, 2020	Filing 15 CLERK'S JUDGMENT re: 14 Memorandum & Opinion. in favor of United States of America against John William Cook, Jr. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dat ed November 17, 2020, The Court has considered Cook's remaining arguments and, even when liberally construing them, finds them to be without merit. And Cook is not entitled to a hearing, because "the files and records of the case conclusive ly show that the prisoner is entitled to no relief." 28 U.S.C. § 2255(b); accord Gonzalez v. United States, 722 F.3d 118, 130 (2d Cir. 2013). The Court therefore DENIES Cook's petition for habeas corpus; accordingly, 18-cv-4271 is clos ed. Since Cook has not made a substantial showing of the denial of a constitutional right, a certificate of appealability shall not issue. See 28 U.S.C. § 2253(c)(2). The Court further finds pursuant to 28 U.S.C. § 1915(a)(3) that any appea l from this Order would not be taken in good faith and, therefore, in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). (Signed by Clerk of Court Ruby Krajick on 11/18/2020) (Attachments: # 1 Notice of Right to Appeal) (dt) Transmission to Docket Assistant Clerk for processing.
November 17, 2020	Filing 14 OPINION & ORDER: The Court has considered Cook's remaining arguments and, even when liberally construing them, finds them to be without merit. And Cook is not entitled to a hearing, because "the files and records of the case conclusively sh ow that the prisoner is entitled to no relief." 28 U.S.C. § 2255(b); accord Gonzalez v. United States, 722 F.3d 118, 130 (2d Cir. 2013). The Court therefore DENIES Cook's petition for habeas corpus. The Clerk of Court is respectfully d irected to close the civil docket, Case No. 18-cv-4271, and enter judgment. Since Cook has not made a substantial showing of the denial of a constitutional right, a certificate of appealability shall not issue. See 28 U.S.C. § 2253(c)(2). The Co urt further finds pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and, therefore, in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is further ordered to mail a copy of this order to Cook and note that mailing on the public docket. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/17/2020) (ama) Transmission to Orders and Judgments Clerk for processing.

Date Filed

Document Text

November 18, 2020

Filing 15 CLERK'S JUDGMENT re: 14 Memorandum & Opinion. in favor of United States of America against John William Cook, Jr. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dat ed November 17, 2020, The Court has considered Cook's remaining arguments and, even when liberally construing them, finds them to be without merit. And Cook is not entitled to a hearing, because "the files and records of the case conclusive ly show that the prisoner is entitled to no relief." 28 U.S.C. § 2255(b); accord Gonzalez v. United States, 722 F.3d 118, 130 (2d Cir. 2013). The Court therefore DENIES Cook's petition for habeas corpus; accordingly, 18-cv-4271 is clos ed. Since Cook has not made a substantial showing of the denial of a constitutional right, a certificate of appealability shall not issue. See 28 U.S.C. § 2253(c)(2). The Court further finds pursuant to 28 U.S.C. § 1915(a)(3) that any appea l from this Order would not be taken in good faith and, therefore, in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). (Signed by Clerk of Court Ruby Krajick on 11/18/2020) (Attachments: # 1 Notice of Right to Appeal) (dt) Transmission to Docket Assistant Clerk for processing.

November 17, 2020

Filing 14 OPINION & ORDER: The Court has considered Cook's remaining arguments and, even when liberally construing them, finds them to be without merit. And Cook is not entitled to a hearing, because "the files and records of the case conclusively sh ow that the prisoner is entitled to no relief." 28 U.S.C. § 2255(b); accord Gonzalez v. United States, 722 F.3d 118, 130 (2d Cir. 2013). The Court therefore DENIES Cook's petition for habeas corpus. The Clerk of Court is respectfully d irected to close the civil docket, Case No. 18-cv-4271, and enter judgment. Since Cook has not made a substantial showing of the denial of a constitutional right, a certificate of appealability shall not issue. See 28 U.S.C. § 2253(c)(2). The Co urt further finds pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and, therefore, in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is further ordered to mail a copy of this order to Cook and note that mailing on the public docket. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/17/2020) (ama) Transmission to Orders and Judgments Clerk for processing.

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