Robinson v. USA, No. 1:2009cv02178 - Document 5 (S.D.N.Y. 2010)

Court Description: OPINION AND ORDER: For the reasons further set forth in said Order, Robinson's 2255 Motion is denied. The Court must decide whether to grant a certificate of appealability. A certificate of appealability will issue when the petitioner makes a &q uot;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 whether "t he petition should have been resolved in a different manner or that the issues presented were 'adequate to deserve encouragement to proceed further. '", Robinson has made no such showing. Accordingly, I decline to grant a certificate of appealability. The Clerk of the Court is Directed to close this motion (Docket No. I) and this case (09 Civ. 2178). (Signed by Judge Shira A. Scheindlin on 4/27/10) (db)