Cotoia v. United States

Full title: Marcangelo Cotoia, Petitioner, v. UNITED STATES OF AMERICA, Respondent

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

Date published: May 16, 2000

99 Civ. 12283 (JSM) (S.D.N.Y. May. 16, 2000)

Opinion

99 Civ. 12283 (JSM).

May 16, 2000.

Marcangelo Cotoia, for petitioner.

Miriam H. Baer, Assistant United States Attorney, for respondent.

MEMORANDUM OPINION AND ORDER

JOHN S. MARTIN, Jr., District Judge.

For the reasons set forth in this Court's Memorandum and Order dated March 30, 2000, denying petitioner leave to file an out-of-time § 2255 petition, pursuant to 28 U.S.C. § 1915 (a), the Court certifies that an appeal from the above order may not be taken in forma pauperis; such an appeal would be frivolous and cannot be taken in good faith. See Coppedge v. United States, 369 U.S. 438, 444-45, 82 S.Ct. 917, 920 (1962)

The Court also determines that the motion presents no question of substance for appellate review, and that petitioner has failed to make a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253 (c)(2) and Fed.R.App.P. 22(b).

Accordingly, a certificate of appealability will not issue.

SO ORDERED.