Ahmed v. UNITED STATES OF AMERICA, No. 1:2004cv01518 - Document 6 (S.D.N.Y. 2009)

Court Description: OPINION #98138 Ahmed's original § 2255 motion is without merit and is denied. His motions for summary judgment and for an evidentiary hearing are denied. Ahmed's amended § 2255 motion is time-barred, and in any event is without m erit. It is denied. Because petitioner has failed to make a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. 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. SO ORDERED (Signed by Judge Thomas P. Griesa on 10/8/2009) (jmi) Modified on 10/13/2009 (eef).