Pickett v. United States of America

Pickett v. United States of America

Plaintiff:	Dexter Pickett
Defendant:	United States of America
Case Number:	7:2017cv08379
Filed:	October 30, 2017
Court:	US District Court for the Southern District of New York
Office:	White Plains Office
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
October 7, 2020	Filing 9 CLERK'S JUDGMENT re: 8 Order in favor of United States of America against Dexter Pickett. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated October 7, 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, see 28 U.S.C. § 2253( c )(2); Lucidore v. N. Y. State Div. of Parole, 209 F.3d 107, 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 faith, see Coppedge v. United States, 369 U.S. 438, 445 (1962) ("We consider a defenda nt'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 for ma pauperis if the trial court certifies in writing that it is not taken in good faith). Judgment is entered in favor of Respondent; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 10/7/2020) (Attachments: # 1 Right to Appeal) (km) Transmission to Docket Assistant Clerk for processing.

Date Filed

Document Text

October 7, 2020

Filing 9 CLERK'S JUDGMENT re: 8 Order in favor of United States of America against Dexter Pickett. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated October 7, 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, see 28 U.S.C. § 2253( c )(2); Lucidore v. N. Y. State Div. of Parole, 209 F.3d 107, 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 faith, see Coppedge v. United States, 369 U.S. 438, 445 (1962) ("We consider a defenda nt'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 for ma pauperis if the trial court certifies in writing that it is not taken in good faith). Judgment is entered in favor of Respondent; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 10/7/2020) (Attachments: # 1 Right to Appeal) (km) Transmission to Docket Assistant Clerk for processing.

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