ALVAREZ v. UNITED STATES OF AMERICA

Filing 35

OPINION AND ORDER that a certificate of appealability shall not issue, etc. Signed by Judge John Michael Vazquez on 3/23/18. (cm, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

LORENZO ALVAREZ,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondents.

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Civil Action No. 16-4548 (JMV)

OPINION and ORDER

VAZQUEZ, U.S. District Judge
Petitioner, acting pro se, filed this petition for writ of habeas corpus under 28 U.S.C. §
2255 seeking to vacate, correct, or set aside his sentence. D.E. 1. On August 2, 2017, the Court
entered an Opinion and corresponding Order, denying Petitioners’ request for relief except as to
one issue for which an evidentiary hearing was necessary. D.E. 15, 16. The hearing was held on
September 26, 2017, D.E. 23, and addressed the issue of the advice that Petitioner’s counsel gave
him before he pled guilty. On January 19, 2018, the Court denied Petitioner’s request for relief
concerning the advice of counsel issue. D.E. 29, 30. The Court, however, did not address whether
Petitioner is entitled to a certificate of appealability.
Specifically, this Court must determine whether Petitioner is entitled to a certificate of
appealability in this matter. See Third Circuit Local Appellate Rule 22.2. The Court will issue a
certificate of appealability if a petitioner “has made a substantial showing of the denial of a
constitutional right.” 28 U.S.C. § 2253(c)(2). Based on the discussion in prior substantive
Opinions, D.E. 15, 29, Petitioner has not made a substantial showing of denial of a constitutional

right, and this Court will not issue a certification of appealability. For this reason, and for good
cause shown,
It is on this 23rd day of March, 2018, hereby
ORDERED that a certificate of appealability shall not issue; and it is further
ORDERED that the Clerk of the Court shall serve a copy of this Opinion and Order on
Petitioner by regular U.S. mail.

s/ John Michael Vazquez
John Michael Vazquez, U.S.D.J.

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