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OPINION & ORDER: For these reasons, Garcia's motion under 28 U.S.C. § 2255 is DENIED. The Court declines to issue a certificate of appealability because there has been no "substantial showing of the denial of a constitutional right.&qu ot; 28 U.S.C. § 2253(c)(2); see Matthews v. United States, 682 F.3d 180, 185 (2d Cir. 2012). The Court also finds, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from the denial of this motion would not be taken in good faith. See Fel iz v. United States, No. 01 Civ. 5544 (JFK), 2002 WL 1964347, at *7 (S.D.N.Y. 2002). The Clerk of Court is directed to terminate this action. (Signed by Judge Katherine B. Forrest on 10/30/2013) Copies Sent By Chambers. (mro); [*** NOTE: Also docketed in related Criminal Case 12-cr-436(KBF), see Doc.#36. ***] Modified on 10/30/2013 (bw). |
2013-10-31 08:10:25 |
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