Opinion
98 Civ. 7969 (JFK) 94 Cr. 466 (JFK).
April 23, 2001
MEMORANDUM OPINION AND ORDER
Before the Court is the Petitioner Luciano Lopez' ("Lopez") request for a certificate of appealability, pursuant to 28 U.s.c. § 2253. Lopez seeks to appeal this Court's denial of his motion pursuant to 28 U.S.C. § 2255 ("§ 2255"). The Court denied that motion in an Order and Opinion dated August 29, 2000. See Luciano Lopez v. United States, No. 98 Civ. 7969, No. 94 Cr. 466, 2000 WL 1229393 (S.D.N.Y. Aug. 29, 2000). The underlying circumstances and the Court's rulings with respect to Lopez' § 2255 motion are fully addressed in that Opinion and Order. See id.
The Court finds that Lopez has not made a substantial showing of the denial of a constitutional right. Therefore, the Court cannot issue a certificate of appealability in this case. See 28 U.S.C. § 2253 (c);United States v. Perez, 129 F.3d 255, 259-60 (2d Cir. 1997); Lozada v. United States, 107 F.3d 1011 (2d Cir. 1997) . The Court certifies, pursuant to 28 U.S.C. § 1915 (a)(3), that any appeal from the Court's Opinion and Order of August 29, 2000 would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438 (1962).
CONCLUSION
The Court denies Lopez' request for a certificate of appealability. The Court further denies Lopez' alternate request to consider his application pursuant to 28 U.S.C. § 2244 (b)(3)(A). The Court orders this case closed, and directs the Clerk of the Court to remove it from the Court's active docket.
SO ORDERED.