Roberts v. United States of America

Filing 14

CLERK'S JUDGMENT re: 13 Memorandum & Opinion in favor of United States of America against Marlon Roberts. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion & Order dated May 10 , 2022, Petitioner's motion to vacate his conviction under 28 U.S.C. § 2255 is DENIED. As Petitioner 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 the 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); accordingly, case 18-cv-5625 is closed. (Signed by Clerk of Court Ruby Krajick on 5/10/2022) (Attachments: # 1 Right to Appeal) (km)

Case 1:18-cv-05625-AJN Document 14 Filed 05/10/22 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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Marlon Roberts,
Petitioner,

18 CIVIL 5625 (AJN)
15 CR. 95-16 (AJN)

-against-

JUDGMENT

United States of America,

Respondent.
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It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons
stated in the Court's Memorandum Opinion & Order dated May 10, 2022, Petitioner's motion to
vacate his conviction under 28 U.S.C. § 2255 is DENIED. As Petitioner 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 the 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); accordingly, case 18-cv-5625 is closed.
DATED: New York, New York
May 10, 2022

BY:

RUBY J. KRAJICK
_________________________
Clerk of Court
_________________________
Deputy Clerk