Soto v. USA

Filing 24

RULING re 22 Notice of Appeal filed by Joel Soto Signed by Judge Janet C. Hall on 4/10/2014.(Lewis, D)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
JOEL SOTO,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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CIVIL ACTION NO.
3:13-CV-268 (JCH)

APRIL 9, 2014

RULING RE: PETITIONER’S MOTION FOR
CERTIFICATE OF APPEALABILITY (Doc. No. 22)
On February 5, 2014, this court denied petitioner Joel Soto‟s Motion to Vacate,
Set Aside, or Correct Sentence (Doc. No. 1). See Ruling (Doc. No. 21). Soto filed a
Notice of Appeal (Doc. No. 22), which the court will construe as a Motion for Certificate
of Appealability. See 28 U.S.C. § 2253(c)(1) (“Unless a circuit justice or judge issues a
certificate of appealability, an appeal may not be taken to the court of appeals from . . .
the final order in a proceeding under section 2255.”); Matthews v. United States, 682
F.3d 180, 185 (2d Cir. 2012) (“Notwithstanding § 2253(c)'s reference to a „circuit justice
or judge‟ as the potential issuer of a [certificate of appealability, a district judge too has
authority to grant [such a certificate].”).
“A certificate of appealability may issue . . . only if the applicant has made a
substantial showing of the denial of a constitutional right,” and the certificate must
“indicate which specific issue or issues satisfy” the required showing. 28 U.S.C. §§
2253(c)(2) & (3).
Upon reviewing Soto‟s Motion to Vacate, Set Aside, or Correct Sentence and the
court‟s subsequent Ruling, the court concludes that petitioner has not shown that he
was denied a constitutionally or federally protected right. Thus, any appeal from the

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court‟s Ruling would not be taken in good faith and a certificate of appealability will not
issue. Soto‟s Motion (Doc. No. 22) is DENIED.
Pursuant to the Federal Rules of Appellate Procedure, Soto may request a circuit
judge to issue a certificate of appealability. Fed. R. App. P. 22(b)(1) (“If the district
judge has denied the certificate, the [petitioner] may request a circuit judge to issue it.”).
SO ORDERED.
Dated at New Haven, Connecticut this 9th day of April, 2014.

/s/ Janet C. Hall
Janet C. Hall
United States District Judge

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