Jimenez v. The United States of America
Filing 7
OPINION AND ORDER: #98348 For the foregoing reasons, Petitioner's second 2255 petition is hereby DENIED and DISMISSED. In addition, because Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of a ppealability will not issue, see 28 U.S.C. § 2253, and the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith. Moreover, as Petitioner's claims lack any arguable basis i n law or fact, permission to proceed in forma pauperis on appeal is also denied. 28 U.S.C. § 1915(e)(2); see also In re Seimon, 421 F.3d 167, 169 (2d Cir. 2005). The Clerk of the Court is respectfully directed to enter judgment in favor of Respondent and to close this case. SO ORDERED. (Signed by Judge Richard J. Sullivan on 12/11/2009) (tve) Modified on 12/15/2009 (eef).
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