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14-4230 - Ortiz v. United States of America


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14-4230 - Ortiz v. United States of America
March 30, 2018
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ORDER DENYING MOTION TO VACATE, SET ASIDE, CORRECT SENTENCE PURSUANT TO 28 U.S.C. § 2255 ---- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, Petitioner' motion made pursuant to 28 U.S.C. § 2255 is denied. Petitioner further is 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); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003); 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. See 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 Memorandum and Order to Petitioner and to close this case. SO ORDERED by Chief Judge Dora Lizette Irizarry on 3/30/2018. (Irizarry, Dora)