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13-5938 - Attanasio v. United States of America


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13-5938 - Attanasio v. United States of America
July 7, 2017
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MEMORANDUM & ORDER on Motion to Vacate, Set Aside or Correct Sentence (2255). Petitioner's Motion to Expedite (Dkt. 20) is GRANTED. For the aforementioned reasons, the Petition (Dkt. 1) is DENIED as untimely. Because Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability shall not issue. 28 U.S.C. § 2253. The court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Memorandum and Order would not be taken in good faith, and, therefore, in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States. 369 U.S. 438, 444-45 (1962). The Clerk of Court is respectfully DIRECTED to mail a copy of this Memorandum and Order to Petitioner. So Ordered by Judge Nicholas G. Garaufis on 6/30/2017. (c/m to petitioner, pro se) (Lee, Tiffeny)