Mattera v. United States of America

Filing 56

OPINION & ORDER. IT IS HEREBY ORDERED that the Amended 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 appealabilit y. 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 c ertifies pursuant to 28 U.S.C. § 1915(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 of Court is respectfully directed to termina te the motion pending at document number 87 in Case No. 12-cr-127, to close Case No. 16-cv-783, and to mail a copy of this Opinion and Order to Petitioner. SO ORDERED. (Signed by Judge Richard J. Sullivan on 2/18/20) (yv) Transmission to Docket Assistant Clerk for processing.