Agrawal v. United States of America

Filing 10

ORDER: Adopting 9 Report and Recommendation. Accordingly, the Court hereby adopts Judge Pitman's Report and Recommendation in full and denies the § 2255 motion, with prejudice. No certificate of appealability shall issue because Agrawal has failed to make a substantial showing of the denial of a constitutional right. The Clerk of Court is directed to close the civil case and to close entry numbers 67 and 71 on the docket of the criminal case. SO ORDERED. (Signed by Judge Jed S. Rakoff on 8/22/2017) (ama)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-----------------------------------x
SAMARTH AGRAWAL,
15 Civ. 1724 (JSR) (HBP)
10 Cr. 417 (JSR)

Petitioner,
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JED S. RAKOFF, U.S.D.J.
On August 1, 2017,
Magistrate Judge,

the Honorable Henry Pitman, United States

issued a Report and Recommendation in the above-

captioned matter recommending the denial of petitioner's motion to
vacate his sentence pursuant to 28 U.S.C.

§

2255. In a letter dated

August 12, 2017, petitioner filed objections to the Report and
Recommendation. The Court has reviewed the objections and the
underlying record de novo.
Having done so,

the Court finds itself in complete agreement

with Magistrate Judge Pitman's Report and Recommendation. Petitioner
objects to Judge Pitman's conclusion that coram nobis relief is
unavailable, but he has failed to demonstrate either that "sound
reasons exist for

[his]

failure to seek appropriate earlier relief"

or that that there exists a "concrete threat that an erroneous
conviction's lingering disabilities will cause serious harm," and
the Court therefore concludes that that "extraordinary remedy" is
not warranted in these circumstances.
F.3d 88,

91

(2d Cir. 1998)

Fleming v. United States, 146

(internal quotation marks omitted).
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Accordingly, the Court hereby adopts Judge Pitman's Report and
Recommendation in full and denies the

§

2255 motion, with prejudice.

No certificate of appealability shall issue because Agrawal has
failed to make a substantial showing of the denial of a
constitutional right. The Clerk of Court is directed to close the
civil case and to close entry numbers 67 and 71 on the docket of the
criminal case.
SO ORDERED.
Dated:

New York, NY
August J:2_, 201 7

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