Filed: Dec. 09, 2019
Latest Update: Dec. 09, 2019
Summary: ORDER VALERIE CAPRONI , District Judge . WHEREAS Defendant Johnny Nunez Garcia filed a petition to vacate his conviction and sentence, pursuant to 28 U.S.C. 2255 (Dkt. 260); WHEREAS on August 1, 2019, the Court ruled that Petitioner's petition was meritless, but held the petition in abeyance pending Petitioner's filing a motion for leave to amend the petition (Dkt. 276); WHEREAS on November 4, 2019, Petitioner filed a motion for leave to amend his petition (Dkt. 280); WHEREAS Petitione
Summary: ORDER VALERIE CAPRONI , District Judge . WHEREAS Defendant Johnny Nunez Garcia filed a petition to vacate his conviction and sentence, pursuant to 28 U.S.C. 2255 (Dkt. 260); WHEREAS on August 1, 2019, the Court ruled that Petitioner's petition was meritless, but held the petition in abeyance pending Petitioner's filing a motion for leave to amend the petition (Dkt. 276); WHEREAS on November 4, 2019, Petitioner filed a motion for leave to amend his petition (Dkt. 280); WHEREAS Petitioner..
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ORDER
VALERIE CAPRONI, District Judge.
WHEREAS Defendant Johnny Nunez Garcia filed a petition to vacate his conviction and sentence, pursuant to 28 U.S.C. § 2255 (Dkt. 260);
WHEREAS on August 1, 2019, the Court ruled that Petitioner's petition was meritless, but held the petition in abeyance pending Petitioner's filing a motion for leave to amend the petition (Dkt. 276);
WHEREAS on November 4, 2019, Petitioner filed a motion for leave to amend his petition (Dkt. 280);
WHEREAS Petitioner's motion to amend the petition does not change Petitioner's underlying argument and raises no grounds for relief other than those discussed in the August 1, 2019 order;
IT IS HEREBY ORDERED THAT
1. Defendant's motion for leave to amend the petition is DENIED as futile in light of the conclusions reached in the August 1, 2019 order (Dkt. 276);
2. Defendant's petition is DENIED for the reasons discussed in the August 1, 2019 order.
The Clerk of Court is respectfully directed to CLOSE the open motion at Dkt. 280, to mail a copy of this order to Defendant Johnny Nunez Garcia, and to note mailing on the docket. The Court declines to issue a certificate of appealability from this order, as Defendant has not, to this date, made a substantial showing of a denial of a constitutional right. See Matthews v. United States, 682 F.3d 180, 185 (2d Cir. 2012). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and permission to proceed in forma pauperis is therefore denied.
SO ORDERED.
