Lopez v. United States

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

CARLOS LOPEZ,

Plaintiff, 19 Civ. 3463 (PAE) -v- ORDER UNITED STATES OF AMERICA,

Defendant.

PAUL A. ENGELMAYER, District Judge: On May 16, 2019, the Court issued an order denying, without prejudice, petitioner Carlos Lopez’s pro se motion to vacate his conviction for conspiracy to distribute narcotics in violation of 21 U.S.C. § 846. Dkt. 5. The Court neglected to address whether petitioner is entitled to a certificate of appealability. For the reasons stated in its earlier order, the Court declines, nunc pro tunc, to issue a certificate of appealability and certifies that any appeal from this order 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.

__________________________________ PAUL A. ENGELMAYER United States District Judge Dated: November 15, 2019 New York, New York