UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK OLUWATOMIWA AKINTOLA, Movant, 23 Civ. 3839 (KPF) -v.- ORDER UNITED STATES OF AMERICA, Respondent. KATHERINE POLK FAILLA, District Judge: Defendant Oluwatomiwa Akintola has both a criminal case, United States v. Akintola, No. 21 Cr. 472-3 (KPF), and a civil case, Akintola v. United States, No. 23 Civ. 3839 (KPF), in this District. Last year, Mr. Akintola had simultaneously pending motions in the two cases; in particular, he had a motion for a sentence reduction pursuant to

(c)(1)(A)(i) in the criminal case and a motion to vacate, set aside, or correct his sentence pursuant to

in the civil case. For convenience, the Court resolved both motions in the same order, which it issued on April 10, 2024. (See Dkt. #11 (the “April 10, 2024 Opinion and Order”)). In a motion mailed to the Court on April 10, 2025, Mr. Akintola moved pursuant to Federal Rule of Civil Procedure 60(b) for the Court to enter separate orders as to his criminal and civil motions, citing the different time frames for appeal. (Dkt. #12). The Court understands that the Government has not submitted written opposition to the Rule 60(b) motion. Accordingly, the Court GRANTS Mr. Akintola’s Rule 60(b) motion, and issues this separate order to make clear that, for the reasons set forth in its prior April 10, 2024 Opinion and Order, the Court DENIES Mr. Akintola’s motion to vacate, set aside, or correct his sentence pursuant to

. Because Mr. Akintola has not made a substantial showing of the denial

of a constitutional right with respect to his Section 2255 Motion, the Court will not issue a certificate of appealability. See

(c). The Court further certifies under

(a)(3) that any appeal from this Order, or from the Court’s April 10, 2024 Opinion and Order, would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States,

(1962). The Clerk of Court is directed to terminate the motion at docket entry 12, and to mail a copy of this Order to Mr. Akintola at the following addresses:

Oluwatomiwa Akintola Register No. 48161-509 FCI Allenwood Low Federal Correctional Institution P.O. Box 1000 White Deer, PA 17887

Oluwatomiwa Akintola 2624 North Hollywood Street Philadelphia, PA 19132

SO ORDERED. Dated: September 5, 2025 New York, New York

KATHERINE POLK FAILLA United States District Judge