Knowles 1 v. United States

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

STEVEN KNOWLES,

Petitioner, No. 18-CV-1950 (KMK) v.

UNITED STATES OF AMERICA,

Respondent.

v. No. 11-CR-630 (KMK) STEVEN KNOWLES, ORDER Defendant.

KENNETH M. KARAS, United States District Judge: On December 20, 2022, the Court issued an Order denying Petitioner’s Motion for Reconsideration pursuant to Federal Rule of Civil Procedure 59(e). (See Dkt. No. 1609.) Petitioner now seeks to appeal that denial to the Second Circuit. (See Dkt. Nos. 1620, 1621.) As Petitioner did not make a substantial showing of the denial of a constitutional right, a Certificate of Appealability shall not be issued, see 28 U.S.C. § 2253(c)(2); Lucidore v. N.Y. State Div. of Patrol, 209 F.3d 107, 111–12 (2d Cir. 2000), and the Court further certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from its 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 [petitioner’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 pauperis if the court certifies in writing that it was not taken in good faith). SO ORDERED.

Dated: December 30, 2022 White Plains, New York

KENNETH M. KARAS United States District Judge