Lopez v. United States

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CARLOS LOPEZ, Movant, 1:21-CV-2698 (PAE) -against- 1:11-CR-1032-15 (PAE) UNITED STATES OF AMERICA, ORDER Respondent. PAUL A. ENGELMAYER, United States District Judge: On March 18, 2021, Carlos Lopez submitted a § 2255 motion. On April 7, 2021, the Court issued an Order noting that Lopez’s § 2255 motion appeared to be time-barred. Dkt. 3. The Court directed Lopez to show cause within 60 days why his § 2255 motion should not be denied as time-barred. The Court also stated that “[i]f Lopez fails to comply with this order, the Court will deny the § 2255 motion as time-barred.” Id. at 4. The Court has not since received any response from Lopez, either to show cause or otherwise. Accordingly, the Court denies Lopez’s § 2255 motion as time-barred, The Court certifies under 28 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 U.S. 438, 444-45 (1962). SO ORDERED.

Dated: June 14, 2021 New York, New York p wi L Paud RE uly United States District Judge