Yeagley v. United States of America
||United States Of America
||April 15, 2013
||US District Court for the Southern District of New York
||White Plains Office
||Kenneth M. Karas
|Nature of Suit:
||Prisoner: Vacate Sentence
|Cause of Action:
||28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentenc
|Jury Demanded By:
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|January 3, 2017
OPINION & ORDER. The Court dismisses Petitioner's Petition for Writ of Habeas Corpus. As Petitioner has not made a substantial showing of the denial of a constitutional right, a Certificate of Appealability shall not be issued, see 28 U.S.C. 167; 2253(c)(2); Lucidore v. N.Y. State Div. of Parole, 209 F.3d I 07, 111-12 (2d Cir. 2000), and the Court further certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this judgment on the merits would not be taken in good fait h, see Coppedge v. United States, 369 U.S. 438, 445 (1962) ("We consider a defendant's good faith... demonstrated when he seeks appellate review of any issue not frivolous."); Burda Media Inc. v. Blumenberg, 731 F. Supp. 2d 321, 322- 23 (S.D.N.Y. 2010) (citing Coppedge and finding that an appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith). The Clerk of the Court is respectfully directed to enter a judgment in favor of Respondent and to close this case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 1/3/17) (yv)
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