Davis v. United States of America
| Mykai Davis |
| United States of America |
| 7:2021cv02410 |
| March 15, 2021 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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This docket was last retrieved on March 23, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 3
ORDER DENYING MOTION UNDER 28 U.S.C. 2255: The Court denies the present motion under 28 U.S.C. 2255 without prejudice as premature. Because the present motion makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. 2253. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauper is status is denied for the purpose of an appeal. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). Chambers will mail a copy of this Order to movant at the address on the docket in ECF 7:21-CV-2410. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 3/23/2021) Copies Mailed By Chambers. (mml)
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| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 7:14-cr-00768-VB-5. Document filed by Mykai Davis. (sac) |
| CASE ACCEPTED AS RELATED. Create association to 7:14-cr-00768-VB. (sac) |
| Magistrate Judge Paul E. Davison is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sac) |
| Case Designated ECF. (sac) |
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| Plaintiff: Mykai Davis | |
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| Defendant: United States of America | |
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