Diaz v. United States of America

Diaz v. United States of America

Plaintiff:	Rayvon Diaz
Defendant:	United States of America
Case Number:	7:2016cv06241
Filed:	August 5, 2016
Court:	US District Court for the Southern District of New York
Office:	White Plains Office
County:	Westchester
Presiding Judge:	Kenneth M. Karas
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
March 31, 2020	Filing 10 CLERK'S JUDGMENT re: 9 Order. in favor of United States of America against Rayvon Diaz. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated March 30, 2020, the petition is dismissed; As petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability shall not be issued; and the Court further certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this judgment o n the merits would not be taken in good faith; judgment is entered in favor of Respondent; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 03/31/2020) (Attachments: # 1 Notice of Right to Appeal) (dt) Transmission to Docket Assistant Clerk for processing.
March 30, 2020	Filing 9 ORDER: For the reasons discussed above, the Court dismisses the Petition. 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. § 2253(c)( 2); Lucidore v. N.Y. State Div. of Parole, 209 F.3d 107, 11112 (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 faith, see Coppedge v. United States, 369 U.S. 438, 445 (1962) ("We consider a defendants good faith...demonstrated when he seeks appellate review of any issue not frivolous."); Burda Media Inc. v. Blumenberg, 731 F. Supp. 2d 321, 32223 (S.D.N.Y. 2010) (cit ing 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 3/30/2020) (jca) Transmission to Orders and Judgments Clerk for processing.

Date Filed

Document Text

March 31, 2020

Filing 10 CLERK'S JUDGMENT re: 9 Order. in favor of United States of America against Rayvon Diaz. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated March 30, 2020, the petition is dismissed; As petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability shall not be issued; and the Court further certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this judgment o n the merits would not be taken in good faith; judgment is entered in favor of Respondent; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 03/31/2020) (Attachments: # 1 Notice of Right to Appeal) (dt) Transmission to Docket Assistant Clerk for processing.

March 30, 2020

Filing 9 ORDER: For the reasons discussed above, the Court dismisses the Petition. 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. § 2253(c)( 2); Lucidore v. N.Y. State Div. of Parole, 209 F.3d 107, 11112 (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 faith, see Coppedge v. United States, 369 U.S. 438, 445 (1962) ("We consider a defendants good faith...demonstrated when he seeks appellate review of any issue not frivolous."); Burda Media Inc. v. Blumenberg, 731 F. Supp. 2d 321, 32223 (S.D.N.Y. 2010) (cit ing 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 3/30/2020) (jca) Transmission to Orders and Judgments Clerk for processing.

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