Yeagley v. United States of America

Petitioner: Christopher Yeagley
Respondent: United States Of America
Case Number: 7:2013cv02561
Filed: April 15, 2013
Court: New York Southern District Court
Office: White Plains Office
County: Westchester
Presiding Judge: Kenneth M. Karas
Nature of Suit: Prisoner: Vacate Sentence
Cause of Action: 28:2255 Motion to Vacate / Correct Illegal Sentenc
Jury Demanded By: None

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Date Filed#Document Text
January 3, 2017 21 Opinion or Order of the Court 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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Petitioner: Christopher Yeagley
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