Jimenez v. USA, No. 1:2012cv02697 - Document 5 (E.D.N.Y. 2012)

Court Description: MEMORANDUM DECISION AND ORDER on Motion to Vacate, Set Aside or Correct Sentence (2255), Jimenez has not withdrawn or amended his motion and his time for doing so has passed. This Court therefore construes his original motion as a petition under sec. 2255. Because Jimenez has not made a substantial showing of the denial of a constitutional right, a Certificate of Appealability will not issue. This Court certifies pursuant to 28 USC sec. 1915(a)(3) that any appeal from this Order would not be taken in good faith and in forma pauperis status is therefore denied for the purpose of any appeal. (Ordered by Judge Brian M. Cogan on 5/30/2012) c/m by chambers. Appeals Package sent to Petitioner. (Galeano, Sonia)