Graham v. United States of America, No. 7:2017cv05967 - Document 11 (S.D.N.Y. 2018)

Court Description: ORDER AND OPINION: By Order and Opinion ("Order"), dated February 7, 2018, this Court denied Defendant Kevin Graham's motion pursuant to 28 U.S.C. § 2255 to, inter alia, vacate his conviction and to set aside his sentence as exc essive. (ECF No. 9.) Upon review of the moving papers and the Order, the Court determines that Petitioner has not made "a substantial showing of the denial of a constitutional right," such that a certificate of appealability will not be issued. The Court further certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this judgment on the merits would not be taken in good faith, see Coppedge v. United States, 369 U.S. 438,445 (1962) ("We consider a defendant� 39;s good faith... demonstrated when he seeks appellate review of any issue not frivolous."); Burda Media Inc. v. Blumenberg, 731 F. Supp. 2d 321, 322-23 (S.D.N.Y. 2010) (citing Coppedge and noting that an appeal may not be taken in forma p auperis if the trial court certifies in writing that it is not taken ingood faith). Petitioner may still avail himself of the procedures for seeking a certificate from the court of appeals. See 28 U.S.C. §§ 2254 & 2255 (Rule 11); see, e.g., United States v. Whitman, 153 F. Supp. 3d 658, 659 (S.D.N.Y. 2015). This constitutes the Court Opinion and Order. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 5/29/2018) Copies Mailed By Chambers. (rj)