Garcia v. USA, No. 1:2009cv09278 - Document 3 (S.D.N.Y. 2010)

Court Description: OPINION AND ORDER: Since this ruling disposes of the sole remaining claim in Garcia's petition, the petition is denied. As Garcia has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. Garcia may, however, pursue any available appellate remedy in forma pauperis. The Clerk is respectfully directed to close the case. (Signed by Judge Gerard E. Lynch on 3/25/2010) (jpo); Also docketed in related Criminal Case 01-cr-1110(GEL). Modified on 3/26/2010 (bw).