Demosthene v. United States of America

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

Demosthene v. United States of America

Plaintiff:	Rayshawn Demosthene
Defendant:	United States of America
Case Number:	1:2018cv05346
Filed:	June 12, 2018
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	P. Kevin Castel
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 14, 2018	Filing 9 OPINION AND ORDER: Demosthene's petition for relief pursuant to section 2255 is DENIED. The Clerk is directed to close the case (18 cv 5346) and to terminate the related motion in the criminal case (16 cr 446, Doc 70). Demosthene has not made a substantial showing of the denial of a constitutional right and, accordingly, a certificate of appealability will not issue. 28 U.S.C. § 2253; see Blackman v. Ercole, 661 F.3d 161, 163-64 (2d Cir. 2011). 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 and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). (As further set forth in this Order.) (Signed by Judge P. Kevin Castel on 11/13/2018) (cf) Modified on 11/14/2018 (cf).

Date Filed

Document Text

November 14, 2018

Filing 9 OPINION AND ORDER: Demosthene's petition for relief pursuant to section 2255 is DENIED. The Clerk is directed to close the case (18 cv 5346) and to terminate the related motion in the criminal case (16 cr 446, Doc 70). Demosthene has not made a substantial showing of the denial of a constitutional right and, accordingly, a certificate of appealability will not issue. 28 U.S.C. § 2253; see Blackman v. Ercole, 661 F.3d 161, 163-64 (2d Cir. 2011). 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 and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). (As further set forth in this Order.) (Signed by Judge P. Kevin Castel on 11/13/2018) (cf) Modified on 11/14/2018 (cf).

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Defendant: United States of America
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Plaintiff: Rayshawn Demosthene
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