Thomas v. United States of America
| 1:2024cv10083 |
| January 31, 2025 |
| U.S. District Court for the Southern District of New York |
| Foley Square Office |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc |
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Filing
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ORDER. On March 5, 2025, the Clerk of Court docketed a reply from Thomas dated February 19, 2025, and received by the Court on March 3, 2025. See ECF No. 358. Thomas's reply does not affect the Court's analysis or conclusions in its Febr uary 27, 2025 Opinion and Order. Nor does it provide any ground for reconsideration. As Thomas has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253(c); see also, e.g., Matthews v. United States, 682 F.3d 180, 185 (2d Cir. 2012). In addition, this Court certifies, pursuant to Title 28, United States Code, Section 1915(a)(3), that any appeal from this Order would not be taken in good faith, and in forma pauperis status is thus denied. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to mail a copy of this Order to: Isaiah Thomas Register No. 39372-510, USP Hazelton,U.S. Penitentiary, P.O. Box 2000, Bruceton Mills, WV 26525. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/6/25) (yv)
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Filing
6
MEMORANDUM OPINION AND ORDER: For the foregoing reasons, Thomas's Section 3582 motion is DENIED and his Section 2255 motion is DISMISSED. As he has not made a substantial showing of the denial of a constitutional right, a certificate of appea lability will not issue. See 28 U.S.C. § 2253(c); see also, e.g., Matthews v. United States, 682 F.3d 180, 185 (2d Cir. 2012). In addition, this Court certifies, pursuant to Title 28, United States Code, Section 1915(a)(3), that any appeal fro m this Memorandum Opinion and Order would not be taken in good faith, and in forma pauperis status is thus denied. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to terminate ECF Nos. 345, 347, and 354; to close 24-CV-10083 (JMF); and to mail a copy of this Memorandum Opinion and Order to: Isaiah Thomas Register No. 39372-510 USP Hazelton U.S. Penitentiary P.O. Box 2000 Bruceton Mills, WV 26525 SO ORDERED. (Signed by Judge Jesse M. Furman on 2/27/2025) (ks)
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Filing
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ORDER terminating 4 Motion for Summary Judgment. The Court sua sponte grants Thomas an extension to February 20, 2025, to file his reply memorandum of law in support of his motion to reduce his sentence and his motion to vacate his sentence. To the extent that there are arguments in his filing docketed today that he wishes the Court to consider in connection with these earlier motions, he should include them in the reply. Alternatively, Thomas may file a letter requesting that the Court treat the motion filed earlier today as his reply. The Clerk of Court is directed to terminate 24-CV-10083 (JMF), ECF No. 4 and to mail a copy of this Memorandum Opinion and Order to as further set forth in this Order. Thomas has not made a subs tantial showing of the denial of a constitutional right, so a certificate of appealability will not issue. See 28 U.S.C. § 2253(c); see also, e.g., Matthews v. United States, 682 F.3d 180, 185 (2d Cir. 2012). In addition, this Court certifies , pursuant to Title 28, United States Code, Section 1915(a)(3), that any appeal from this Order would not be taken in good faith, and in forma pauperis status is thus denied. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Jesse M. Furman on 1/31/25) (yv)
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