Padilla v. United States of America

Filing 17

CLERK'S JUDGMENT re: 16 Memorandum & Opinion. in favor of United States of America against Eladio Padilla. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Decision dated March 24, 202 1, Padilla has failed to show a basis for relief under 28 U.S.C. § 2255. Accordingly, his petition for relief is denied. Because he has not made a substantial showing of the denial of a constitutional right, The Court declines to issue a certifi cate of appealability. See 28 U.S.C. § 2253 (1996) (as amended by the Antiterrorism and Effective Death Penalty Act). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal taken from this order would not be taken in good faith; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/24/2021) (Attachments: # 1 Notice of Right to Appeal) (dt)

Case 1:16-cv-03622-DC Document 17 Filed 03/24/21 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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UNITED STATES OF AMERICA,
16 CIVIL 3622 (DC)
97 CR. 809 (DC)
-against-

JUDGMENT
ELADIO PADILLA,

Defendant.
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It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons
stated in the Court's Memorandum Decision dated March 24, 2021, Padilla has failed to show a
basis for relief under 28 U.S.C. § 2255. Accordingly, his petition for relief is denied. Because he has
not made a substantial showing of the denial of a constitutional right, The Court declines to issue a
certificate of appealability. See 28 U.S.C. § 2253 (1996) (as amended by the Antiterrorism and
Effective Death Penalty Act). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal
taken from this order would not be taken in good faith; accordingly, the case is closed.

DATED: New York, New York
March 24, 2021

RUBY J. KRAJICK
_________________________
Clerk of Court
BY:
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Deputy Clerk