Wallace v. United States of America

Filing 15

CLERK'S JUDGMENT re: 14 Memorandum & Opinion. in favor of United States of America against Timmy Wallace. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated January 5, 2021 , The Court has considered the balance of Wallace's arguments and finds them to be without merit. His motion to vacate, set aside or correct his conviction and/or sentence pursuant to 28 U.S.C. § 2255 is DENIED; judgment is entered for the United States, and 20-cv-7134 is closed. Wallace has not made a substantial showing of the denial of a constitutional right and, accordingly, a certificate of appealability will not issue. 28 U.S.C. § 2253; see Blackman v. Ercole, 661 F.3d 161, 16364 (2d Cir. 2011). The Court certifies, 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 an appeal. (Signed by Clerk of Court Ruby Krajick on 1/6/2021) (Attachments: # 1 Notice of Right to Appeal) (dt) Transmission to Docket Assistant Clerk for processing.

Case 1:20-cv-07134-PKC Document 15 Filed 01/06/21 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------------------------------X
TIMMY WALLACE,
20 CIVIL 7134 (PKC)
15 CR. 794 (PKC)

Petitioner,
-against-

JUDGMENT
UNITED STATES OF AMERICA,

Respondent.
-------------------------------------------------------------X

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons
stated in the Court's Opinion and Order dated January 5, 2021, The Court has considered the
balance of Wallace’s arguments and finds them to be without merit. His motion to vacate, set aside or
correct his conviction and/or sentence pursuant to 28 U.S.C. § 2255 is DENIED; judgment is entered
for the United States, and 20-cv-7134 is closed. Wallace has not made a substantial showing of the
denial of a constitutional right and, accordingly, a certificate of appealability will not issue. 28 U.S.C.
§ 2253; see Blackman v. Ercole, 661 F.3d 161, 163–64 (2d Cir. 2011). The Court certifies, 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 an appeal.

DATED: New York, New York
January 6, 2021

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