Castillo v. USA

Filing 10

ORDER: For the reasons stated above, the petition is denied. In addition, because Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability 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 in 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 terminate the case. (Signed by Judge Richard J. Sullivan on 10/27/2009) Copies Mailed By Chambers.(jpo)

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