Sealed v. USA, No. 1:2009cv08542 - Document 3 (S.D.N.Y. 2010)

Court Description: OPINION AND ORDER: For the foregoing reasons, Melicharek's section 2255 motion is denied. The remaining issue is whether to grant a certificate of appealability ("COA"). For a COA to issue, petitioner must make a "substantial show ing of the denial of a constitutional right." A "substantial showing" does not require a petitioner to demonstrate that he would prevail on the merits; petitioner must merely show that reasonable jurists could differ as to whether &quo t;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 certificate of appealability. The Clerk of the Court is directed to close this motion and this case. (Signed by Judge Shira A. Scheindlin on 5/13/2010) (jpo)