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13-653 - Roberts v. United States of America


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13-653 - Roberts v. United States of America
March 30, 2018
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ORDER DISMISSING PETITION PURSUANT TO 28 U.S.C. § 2255 --- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, Petitioner's 28 U.S.C. § 2255 motion is denied in its entirety. Petitioner is further denied a certificate of appealability as he fails to make a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); See Fed. R. App. P. 22(b); Lucidore v. New York State Div. of Parole, 209 F.3d 107, 112 (2d Cir. 2000). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and, therefore, in forma pauperis status is denied for the purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is directed to mail a copy of this Electronic Order and the Attached Written Memorandum and Order to pro se Petitioner and to close this case. SO ORDERED by Chief Judge Dora Lizette Irizarry on 3/30/2018. (Irizarry, Dora)