Martinez v. United State of America, No. 1:2016cv06135 - Document 7 (S.D.N.Y. 2017)

Court Description: OPINION & ORDER re: 6 MOTION TO TAKE JUDICIAL NOTICE filed by Kelvin Martinez. For these reasons, the Court denies Martinez's petition pursuant to § 2255, and dismisses that petition. The Clerk of Court is respectfully directed to terminate the motions pending at No. 16 Civ. 6135, Dkt. 6, and No. 13 Cr. 699, Dkts. 73 and 87, and to close this case. The Court declines to issue a certificate of appealability. Martinez has not made a substantial showing of a denial of federal right, and appellate review is therefore not warranted. Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005); 28 U.S.C. § 2253. 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 therefore in forma pauperis status is denied for the purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 445 (1962). SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/21/2017) (anc)