Acosta v. United States of America, No. 1:2017cv08569 - Document 5 (S.D.N.Y. 2017)

Court Description: OPINION AND ORDER: The Court, having concluded that the motion brought under 28 U.S.C. § 2255 should be summarily dismissed as being without merit, hereby ORDERS that: The motion of Kelvin Acosta for an order to vacate, set aside, o r correct his sentence pursuant to 28 U.S.C. § 2255 is DENIED. The Clerk of Court shall withdraw any pending motions and close this case. Because Acosta has not made a substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. (Signed by Judge Paul A. Crotty on 11/15/2017) Copies Mailed by Chambers. (mro)