Blythe v. U.S.

Full title: VICTOR A. BLYTHE, Petitioner, v. UNITED STATES OF AMERICA, Respondent

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

Date published: Sep 29, 2009

5:97-CV-547, 93-CR-126 (N.D.N.Y. Sep. 29, 2009)

Opinion

5:97-CV-547, 93-CR-126.

September 29, 2009

VICTOR A. BLYTHE, Pro se, Philipsburg, PA.

CHERYL J. STURM, Attorney for Petitioner Victor A. Blythe, Chadds Ford, PA.

GRANT C. JAQUITH, Assistant U.S. Attorney, HON. ANDREW T. BAXTER, United States Attorney, Attorney for Respondent, Syracuse, NY.

ORDER

NEAL McCURN, Senior District Judge

On June 25, 2009, this court issued a Memorandum, Decision and Order denying a motion by petitioner, Victor A. Blythe, to reopen the January 21, 1998 denial of his motion to vacate, set aside or modify his sentence pursuant to 28 U.S.C. § 2255. Presently before the court is Petitioner's application for a certificate of appealability. See Dkt. No. 23. Petitioner's application for a certificate of appealability is hereby DENIED as he has not made a "substantial showing of the denial of a constitutional right" pursuant to 28 U.S.C. § 2253(c)(2).

The Clerk of the Court is directed to serve a copy of this Order by regular mail to petitioner, Victor A. Blythe.

IT IS SO ORDERED.