Orbe v. United States of America, No. 1:2016cv07971 - Document 29 (S.D.N.Y. 2017)

Court Description: OPINION AND ORDER re: 1 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). IT IS HEREBY ORDERED THAT the Petition is denied. In addition, because Orbe has not "made a substantial showing of the denial of a constitutional right, " the Court will not issue a certificate of appealability. See 28 U.S.C. § 2253(c)(2); see also Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005). Furthermore, because any appeal would "lack[] an arguable basis in law or fact," Tavarez v. Reno, 54 F.3d 109, 110 (2d Cir. 1995), the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Opinion and Order would not be undertaken in good faith, and, therefore, Orbe may not proceed in forma pauperis. The Clerk of Court is respectfully directed to: (1) terminate the motion pending at docket number 161 in case No. 15-cr-219 (RJS); (2) enter judgment in favor of Respondent and close the civil case, No. 16-cv-7971 (RJS); and (3) mail a copy of this Opinion and Order to Petitioner, and as further set forth in this order. (Signed by Judge Richard J. Sullivan on 7/31/2017) (ras)