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Ultsch v. United States

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Nov 30, 2020
19 CIVIL 10703 (VB) (S.D.N.Y. Nov. 30, 2020)

Opinion

19 CIVIL 10703 (VB)

11-30-2020

TIMOTHY JAMES ULTSCH, Petitioner, v. UNITED STATES OF AMERICA, Respondent.


JUDGMENT

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated November 30, 2020, the petition for a writ of habeas corpus is DENIED. A federal prisoner seeking habeas relief under Section 2241 need not obtain a certificate of appealability to take an appeal. See Murphy v. United States, 199 F.3d 599, 601 n.2 (2d Cir. 1999). However, the Court certifies 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 purposes of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962); accordingly, the case is closed. DATED: New York, New York

November 30, 2020

RUBY J. KRAJICK

Clerk of Court

BY: /s/ _________

Deputy Clerk


Summaries of

Ultsch v. United States

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Nov 30, 2020
19 CIVIL 10703 (VB) (S.D.N.Y. Nov. 30, 2020)
Case details for

Ultsch v. United States

Case Details

Full title:TIMOTHY JAMES ULTSCH, Petitioner, v. UNITED STATES OF AMERICA, Respondent.

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Date published: Nov 30, 2020

Citations

19 CIVIL 10703 (VB) (S.D.N.Y. Nov. 30, 2020)