Guastella v. The United States of America, No. 1:2006cv02924 - Document 6 (S.D.N.Y. 2009)

Court Description: OPINION AND ORDER #97497: For the reasons set forth herein, Guastella's section 2255 motion is denied. Finally, the Court must decide whether to grant a certificate of appealability. A certificate of appealability will issue when the petitioner makes a "substantial showing of the denial of a constitutional right." A "substantial showing" does not require a petitioner to demonstrate that he would prevail on the merits, but merely that reasonable jurists could debate wheth er "the petition should have been resolved in a different manner or that the issues presented were 'adequate to deserve encouragement to proceed further." Petitioner has made no such showing. Accordingly, I decline to grant a certifica te of appealability. The Clerk of the Court is directed to close the civil case and the section 2255 motion (Document #1 in 06Civ.2924) and the Motion for Inspection and Discovery in the criminal case (Document #224 in 98 CR 1325). (Signed by Judge Shira A. Scheindlin on 5/8/09) (tro) Modified on 5/12/2009 (mro).