Opinion
CRIMINAL ACTION 07-10195-RGS
04-01-2024
UNITED STATES OF AMERICA v. PASCUAL LUNA
ORDER ON REQUEST FOR A CERTIFICATE OF APPEALABILITY April 1, 2024
RICHARD G. STEARNS, UNITED STATES DISTRICT JUDGE
In this case, the First Circuit Court of Appeals, in an Order dated August 14, 2023, addressed all three grounds of appeal regarding resentencing pursuant to 28 U.S.C. § 2255 certified by the prior judge assigned to this case. Specifically, the Clerk of Court issued a Judgment granting the government's motion for summary disposition, affirmed the judgment of the district court and denied “any remaining motions, to the extent not mooted by the foregoing ....” Luna v. United States, No. 21-1486(1st Cir. Aug. 14, 2023). The Appellant then attempted to refile the case. This court denied the repetitive motion. See Dkt #302; #304. <br><br>
The Clerk of the First Circuit now asks this court to issue a Certificate of Appealability regarding the denial. See Dkt #319. To the extent necessary, any motion for a certificate of appealability is DENIED, the court seeing no meritorious or substantial basis for an appeal.
SO ORDERED.