Francis v. United States

U.S. Court of Appeals for the Second Circuit
Francis v. United States, 561 F. App'x 23 (2d Cir. 2014)

Francis v. United States

Opinion of the Court

SUMMARY ORDER

Petitioner-Appellant Kenneth Francis appeals the denial of the collateral challenge he filed on February 23, 2012 and originally styled as a petition for writ of error coram nobis. In denying Francis’s petition, the district court properly rechar-acterized the petition, with Francis’s consent, as a collateral challenge brought pursuant to 28 U.S.C. § 2255. Francis v. United States, 12 CIV. 01362(AJN), 2013 WL 673868, at *1 n. 1 (S.D.N.Y. Feb. 25, 2013).

In order to appeal the denial of his Section 2255 petition, Francis was required to obtain a Certificate of Appealability. See 28 U.S.C. §§ 2253(c)(1)(b), 2255; Fed. R.App. P. 22(b). Francis failed to do so, and we therefore DISMISS Francis’s appeal for lack of jurisdiction. See Soto v. United States, 185 F.3d 48, 53 (2d Cir. 1999).

Reference

Full Case Name
Kenneth FRANCIS v. United States
Status
Published