Lozano v. USA, No. 1:2009cv03130 - Document 3 (S.D.N.Y. 2009)

Court Description: OPINION & ORDER #97415 as to Carlos Humberto Lozano re:MOTION to Vacate under 28 U.S.C. 2255 filed by Carlos Humberto Lozano. Carlos Humberto Lozano, a federal prisoner, moves pursuant to 28 U.S.C. § 2255 to vacate his sentence. Because "it plainly appears from the motion... and the record of prior proceedings that [Lozano] is not entitled to relief," Rule 4(a), Rules Governing Section 2255 Proceedings for the United States District Courts, no response from the Government will be required, and the petition will be summarily dismissed. Moreover, because the petition is utterly frivolous, the Court finds that any appeal would not be taken in good faith; leave to appeal in forma pauperis is therefore denied. (Signed by Judge Gerard E. Lynch on 4/14/09) (jw) Modified on 4/16/2009 (mro).