MENDOZA v. UNITED STATES OF AMERICA

Filing 39

ORDER denying 33 Motion for Certificate of Appealability (USCA #15-2964). Copy to Petitioner via U.S. Mail. Signed by Judge Tanya Walton Pratt on 9/15/2015. (MAC)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION ANTONIO MENDOZA, Petitioner, vs. UNITED STATES OF AMERICA. ) ) ) ) Case No. 1:11-cv-0018-TWP-MJD ) ) Denial of Motion for Certificate of Appealability This section 2255 action was dismissed on July 29, 2013. Since then, Mr. Mendoza has filed two post-judgment motions, on March 13, 2014, and July 23, 2015, respectively. Both postjudgment motions were treated as new cases under section 2255. Mr. Mendoza now seeks a certificate of appealability. The Court denied a certificate of appealability in this action on July 29, 2013. The Seventh Circuit Court of Appeals also denied a certificate of appealability in this action on December 13, 2013. With respect to the decision to process Mr. Mendoza’s July 23, 2015, Rule 60(b) motion as a new civil action, pursuant to Federal Rule of Appellate Procedure 22(b), Rule 11(a) of the Rules Governing § 2255 proceedings, and 28 U.S.C. § 2253(c), the Court finds that Mr. Mendoza has failed to show that reasonable jurists would find “it debatable whether the petition states a valid claim of the denial of a constitutional right.” Slack v. McDaniel, 529 U.S. 473, 484 (2000). The Court therefore denies Mr. Mendoza’s motion for a certificate of appealability [dkt. 33]. IT IS SO ORDERED. Date: 9/15/2015 Distribution: Electronically Registered Counsel Antonio Mendoza No. 74707-179 Victorville FCC Inmate Mail/Parcels P.O. Box 3900 Adelanto, CA 92301

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