Mitchell v. U.S.

Full title: JAMES MITCHELL, Petitioner, v. UNITED STATES OF AMERICA, Respondent

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

Date published: Aug 4, 2009

01 Civ. 0796 (TPG) (S.D.N.Y. Aug. 4, 2009)

Opinion

01 Civ. 0796 (TPG).

August 4, 2009

ORDER

THOMAS GRIESA, Senior District Judge

On May 13, 2009, the court denied petitioner's motion under Federal Rule of Civil Procedure 60(b)(6) for relief from the court's prior denial of petitioner's 28 U.S.C. § 2255 petition. Petitioner has now filed a motion styled as a "Motion to Alter or Amend Order" objecting to the May 13 order.

Petitioner has pointed to no controlling or material facts or law that the court overlooked in its earlier decisions. Petitioner's motion is therefore denied.

Since petitioner 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. With respect to the in forma pauperis statute, the court certifies that an appeal would not be taken in good faith. 28 U.S.C. § 1915(a)(3).

SO ORDERED.