Johnson v. United States of America

Filing 18

OPINION AND ORDER: For the reasons set forth above, IT IS HEREBY ORDERED that the Petition is DENIED. In addition, because Petitioner has not "made a substantial showing of the denial of a constitutional right," the Court will not issue a certificate of appealability. See 28 U.S.C. § 2253(c)(2); see also Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005). Furthermore, because any appeal would "lack[] an arguable basis in law or fact," Tavarez v. Reno, 54 F.3d 109, 110 (2d Cir. 1995), the Court certifies pursuant to 28 U.S.C. § l915(a)(3) that any appeal from this Opinion and Order would not be undertaken in good faith, and, therefore, Petitioner may not proceed in forma pauperis. The Clerk is respectfully direct ed to terminate the motions pending at docket numbers 95 and 129 in case No. 11-cr-487, to close case No. 15-cv-3956, and to mail a copy of this Opinion and Order to Petitioner. SO ORDERED. (Signed by Judge Richard J. Sullivan on 9/26/2018) (ne) Transmission to Docket Assistant Clerk for processing.