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15-3808 - Tran v. United States of America


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15-3808 - Tran v. United States of America
December 20, 2017
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MEMORANDUM AND ORDER: denying Motion to Vacate as to Lan Ngoc Tran (2); In short, Petitioner asserts arguments beyond the scope of Rule 60(b). The Court therefore DENIES his Rule 60(b) motion. Because Petitioner has not "made a substantial showing of the denial of a constitutional right," the Court declines to issue a certificate of appealability. 28 U.S.C. § 2253(c). Pursuant to 28 U.S.C. § 1915(a)(3), the Court denies Petitioner leave to file an appeal in forma pauperis, certifying that any appeal of this Memorandum and Order would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438, 443-45 (1962). Ordered by Judge Carol Bagley Amon on 12/19/2017. (Fernandez, Erica)
February 28, 2018
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MEMORANDUM AND ORDER: Liberally construed, Tran's pro se motion has not made the requisite showing that his sentence is manifestly unjust. And to the extent that he attempts to raise legal challenges to his sentence, the proper procedural vehicle is to seek leave from the Second Circuit to file a second or successive § 2255 action, not to file a Holloway motion. See generally Gonzalez V. Crosby. 545 U.S. 524 (2005). Accordingly, the Court DENIES Tran's Holloway motion. Ordered by Judge Carol Bagley Amon on 2/28/2018. (Fernandez, Erica)