Graham v. United States

Opinion

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTROMEALLY EALED SOUTHERN DISTRICT OF NEW YORK DOC #: DATE FILED: _ 98/01/2022 UNITED STATES OF AMERICA, No. 14 Cr. 500 (NSR) (01) against: No. 19 Civ. 9629 (NSR) CLYDEDORO GRAHAM, ORDER Petitioner. NELSON S. ROMAN, United States District Judge: On February 8, 2022, the Court issued an opinion and order denying pro se Petitioner Clydedoro Graham’s motion to vacate his conviction on the basis of ineffective assistance of counsel under 28 U.S.C. § 2255. (ECF No. 213.) Specifically, the Court concluded that Petitioner failed to demonstrate entitlement to the relief sought because his allegations that his counsel’s performance was deficient were conclusory and insufficient. (/d. at 3.) Thus, the Court denied Petitioner’s § 2255 motion without holding an evidentiary hearing. (/d. at 4, 8.) Accordingly, the Court concludes that Petitioner fails to make a substantial showing of the denial of a constitutional right, and as such, the Court will not issue a certificate of appealability. See 28 U.S.C. § 2253(c)(2); Love v. McCray, 413 F3d 192, 195 (2d Cir. 2005); Lozada v. United States, 107 F3d 1011, 1017 (2d Cir. 1997), abrogated on other grounds by United States v. Perez, 129 F3d 225, 259-60 (2d Cir. 1997). The Court certifies under 18 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 US 438, 444-45 (1962). The Clerk of the Court is directed to mail a copy of this order to pro se Petitioner at his address on ECF and to show service on the docket.

White Plains, NY SOE ee cua e Z if

NELSON S, ROMAN United States District Judge