Ellison v. United States

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORE

UNITED STATES OF AMERICA, 23 Civ. 10080 (PAE) -v- 18 Cr. 834-9 (PAE) ANTHONY ELLISON, ORDER Defendant.

PAUL A, ENGELMAYER, District Judge: On April 2, 2024, the Court issued a decision denying defendant Anthony Ellison’s petition to vacate his sentence pursuant to 28 U.S.C. § 2255. 23 Civ. 10080, Dkt. 5; 18 Cr. 834, Dkt. 683. The Court has now received a letter-motion from Ellison seeking a certificate of appealability of the April 2, 2024 decision. 18 Cr. 834, Dkt. 684. The Court errantly neglected to address that point in its April 2 decision. Under 28 U.S.C. § 2253, an appeal may not be taken to the Court of Appeals from a final order in a proceeding under section 2255 unless a certificate of appealability is issued. A certificate of appealability may issue “only if the applicant has made a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). For the reasons set forth in this Court’s decision denying Ellison’s petition, Ellison has not made such a “substantial showing.” Therefore, the Court declines to issue a certificate of appealability and certifies that any appeal from the April 2 decision would not be taken in good faith; therefore, in forma pauperis status is denied for the purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 445 (1962),

SO ORDERED. Puwk A Cree / PAUL A, ENGELMAYER United States District Judge Dated: April 15, 2024 New York, New York

2 .