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10-079 - USA v. Salgado et al

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10-079 - USA v. Salgado et al
April 17, 2018
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MEMORANDUM OPINION as to Jesus Salgado. For the reasons discussed in this opinion, Petitioner's § 2255 motion [Doc. 109] will be DENIED and DISMISSED WITH PREJUDICE. The Court will CERTIFY that any appeal from this action would not be taken in good faith. Fed. R. App. P. 24(a). Therefore, Petitioner will be DENIED leave to proceed in forma pauperis on appeal. Lastly, the Court must decide whether to issue a certificate of appealability (COA), bearing in mind that the Sixth Circuit has expressed disapproval of a blanket denial or grant of a COA. Murphy v. Ohio, 263 F.3d 466, 467 (6th Cir. 2001); Porterfield v. Bell, 258 F.3d 484, 487 (6th Cir. 2001). The above individual assessment of Petitioner's claims-both explicit and inferred-demonstrate that they have no validity and do not merit close attention by counsel or the circuit court. Porterfield, 258 F.3d at 487. The Court therefore finds that Petitioner has failed to make a substantial showing of the denial of a constitutional right and, thus, a COA SHALL NOT ISSUE. 28 U.S.C. § 2253; Fed. R. App. P. 22(b). Signed by District Judge J Ronnie Greer on 4/17/2018. (Copy of Memorandum Opinion mailed to Jesus Salgado)(JCK)