Opinion
96-Cr-959 (SHS)
11-19-2021
UNITED STATES OF AMERICA v. JOSE MARTINEZ, Defendant.
ORDER
SIDNEY H. STEIN, U.S. DISTRICT JUDGE.
The Court is in receipt of defendant's application for a certificate of appealability, (ECF No. 166), pursuant to 28 U.S.C. § 2253(c)(2) from the denial of his successive 28 U.S.C § 2255 petition on August 18, 2021. (ECF No. 162.) Because Martinez 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(c)(2); see also Lucidore v. N.Y. State Div. of Parole, 209 F.3d 107, 111-13 (2d Cir. 2000). In addition, the Court certifies that any appeal from an order in this Court would not be in good faith. See Coppedge v. United States, 369 U.S. 438, 44546 (1962).