Speller v. United States
Speller v. United States
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK nnn ee ee eee KX JAMIL SPELLER, Petitioner, 16 CIVIL 1884 (LTS) 13 CR. 986 (LTS) -against- JUDGMENT UNITED STATES OF AMERICA, Respondent. ee ee eK
It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Order dated April 23, 2020, Petitioner’s motion brought pursuant to
28 U.S.C. § 2255is denied in its entirety; Petitioner may not appeal this order unless “a circuit justice or judge issues a certificate of appealability;”
28 U.S.C.S. § 2253(c)(1) (LexisNexis 2008). A certificate will be granted “if the applicant has made a substantial showing of the denial of a constitutional right.”
28 U.S.C.S. § 2253(c)(2) (LexisNexis 2008); see generally United States v. Perez,
129 F.3d 255, 259-60(2d Cir. 1997) (discussing the standard for issuing a certificate of appealability). The Court finds that Petitioner will not be able to sustain this burden. The Court declines to issue a certificate of appealability, and case No. 16-CV-1884 is closed. DATED: New York, New York April 27, 2020
RUBY J. KRAJICK —- Clerkof Courtf777 BY: Db . ee Dept Clerk
Reference
- Status
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