Opinion
09 Civ. 6496.
June 9, 2010
ORDER
On May 24, 2010, Petitioner Porfirio Hernandez ("Petitioner") moved for a certificate of appealability to appeal the April 19, 2010 Opinion denying his motion under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence. As Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. 28 U.S.C. § 2253;see Lozada v. United States, 107 F.3d 1011 (2d Cir. 1997),abrogated on other grounds by United States v. Perez, 129 F.3d 255, 259-60 (2d Cir. 1997).
It is so ordered.