Ibarra v. USA, No. 1:2009cv08216 - Document 5 (S.D.N.Y. 2010)

Court Description: OPINION AND ORDER.... V. Conclusion: #98543 For the foregoing reasons, Belloso-Ibarra'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 m akes 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 whethe r "the petition should have been resolved in a different manner or that the issues presented were 'adequate to deserve encouragement to proceed further.'" Belloso-Ibarra 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. 1) and this case (09 Civ. 8216). So Ordered. (Signed by Judge Shira A. Scheindlin on 2/8/10) (bw) Modified on 2/16/2010 (ajc).