Cook v. United States of America

Filing 15

CLERK'S JUDGMENT re: 14 Memorandum & Opinion. in favor of United States of America against John William Cook, Jr. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dat ed November 17, 2020, The Court has considered Cook's remaining arguments and, even when liberally construing them, finds them to be without merit. And Cook is not entitled to a hearing, because "the files and records of the case conclusive ly show that the prisoner is entitled to no relief." 28 U.S.C. § 2255(b); accord Gonzalez v. United States, 722 F.3d 118, 130 (2d Cir. 2013). The Court therefore DENIES Cook's petition for habeas corpus; accordingly, 18-cv-4271 is clos ed. Since Cook has not made a substantial showing of the denial of a constitutional right, a certificate of appealability shall not issue. See 28 U.S.C. § 2253(c)(2). The Court further finds pursuant to 28 U.S.C. § 1915(a)(3) that any appea l from this Order would not be taken in good faith and, therefore, in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). (Signed by Clerk of Court Ruby Krajick on 11/18/2020) (Attachments: # 1 Notice of Right to Appeal) (dt) Transmission to Docket Assistant Clerk for processing.

Case 1:18-cv-04271-AJN Document 15 Filed 11/18/20 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------------------------------X
John William Cook, Jr.,
Petitioner,

18 CIVIL 4271 (AJN)
13 CR. 77-1 (AJN)

-against-

JUDGMENT
United States,
Respondent.
-------------------------------------------------------------X

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons
stated in the Court's Opinion and Order dated November 17, 2020, The Court has considered
Cook’s remaining arguments and, even when liberally construing them, finds them to be without
merit. And Cook is not entitled to a hearing, because “the files and records of the case
conclusively show that the prisoner is entitled to no relief.” 28 U.S.C. § 2255(b); accord
Gonzalez v. United States, 722 F.3d 118, 130 (2d Cir. 2013). The Court therefore DENIES
Cook’s petition for habeas corpus; accordingly, 18-cv-4271 is closed. Since Cook has not made a
substantial showing of the denial of a constitutional right, a certificate of appealability shall not
issue. See 28 U.S.C. § 2253(c)(2). The Court further finds pursuant to 28 U.S.C. § 1915(a)(3)
that any appeal from this Order would not be taken in good faith and, therefore, in forma
pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S.
438, 444–45 (1962).
DATED: New York, New York
November 18, 2020
RUBY J. KRAJICK
_________________________
Clerk of Court
BY:
_________________________
Deputy Clerk