Opinion
19-CR-212-2 (VEC)
11-23-2021
UNITED STATES OF AMERICA, v. PERRY WELLS, Defendant.
ORDER
VALERIE CAPRONI, UNITED STATES DISTRICT JUDGE:
WHEREAS on November 4, 2021, Mr. Wells filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, Dkt. 303;
WHEREAS on November 4, 2021, the Court denied Mr. Wells' petition, Dkt. 304; and
WHEREAS on November 18, 2021, Mr. Wells filed a notice of appeal of the Court's decision, Dkt. 305;
IT IS HEREBY ORDERED that the Court declines to issue a certificate of appealability. Petitioner has not made a substantial showing of a denial of a federal right pursuant to 28 U.S.C. § 2253(c), and appellate review is therefore not warranted. Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005).
IT IS FURTHER ORDERED that the Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962).
The Clerk of Court is directed to open a parallel civil case for Mr. Wells' habeas petition. The documents at 19-CR-212, Dkts. 303, 304, and 305 as well as this Order should be docketed as docket entries 1, 2, 3, and 4 in the new civil case. The Clerk of Court is further directed to mail a copy of this Order to Perry J. Wells, Reg. No. 86769-054, FCI Fort Dix, Federal Correctional Institution, P.O. Box 2000, Joint Base MDL, N.J. 08640, and to note the mailing on the docket.
SO ORDERED.