Martinez v. Adams

Full title: EDWARD MARTINEZ, Petitioner, v. VANESSA P. ADAMS, Warden, Respondent

Court: United States District Court, S.D. New York

Date published: Sep 7, 2005

Nos. 05 Civ. 3548 (LAK), 02 Crim. 0207 (LAK) (S.D.N.Y. Sep. 7, 2005)

Opinion

Nos. 05 Civ. 3548 (LAK), 02 Crim. 0207 (LAK).

September 7, 2005

ORDER

LEWIS KAPLAN, District Judge

Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 was converted, with his consent, to a motion for relief under 28 U.S.C. § 2255.

The motion, which is entirely frivolous, is denied, substantially for the reasons set forth in the government's letter brief, dated August 29, 2005. A certificate of appealability is denied, and the Court certifies that any appeal herefrom would not be taken in good faith within the meaning of 28 U.S.C. § 1915(a)(3).

SO ORDERED.