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05-092 - USA v. Bautista et al


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05-092 - USA v. Bautista et al
November 9, 2011
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MEMORANDUM OPINION as to Melissa Solomon. For the reasons stated in this memorandum, the petitioners § 2255 motion lacks merit, and the motion will be DENIED. While this Court believes that its decision not to grant an evidentiary hearing is the correct holding, such holding is at least arguably debatable. Therefore, the Court will grant petitioner a certificate of appealability as to the question of whether or not the Court should have conducted an evidentiary hearing but not as to any other issue. A separate judgment will enter. Signed by District Judge J Ronnie Greer on 11/9/2011. (FMM )
March 29, 2017
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MEMORANDUM OPINION as to Mario Bautista. For the reasons discussed, Petitioners request for a stay or extension [Doc. 110] will be DENIED and § 2255 motion [Doc. 103] will be DENIED and DISMISSED WITH PREJUDICE. The Court will CERTIFY any appeal from this action would not be taken in good faith and would be totally frivolous. Therefore, this Court will DENY Petitioner leave to proceed in forma pauperis on appeal. Petitioner having failed to make a substantial showing of the denial of a constitutional right, a certificate of appealability SHALL NOT ISSUE. Signed by District Judge J Ronnie Greer on 03/29/2017. (C/M pro se filer) (AMP)