McKnight v. United States

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK we ee KX CHRISTIAN McKNIGHT, : Movant, : 15 Cr. 607 (JPC) : 19 Civ. 2585 (JPC) -v- : : ORDER UNITED STATES OF AMERICA, : Respondent. :

we ee KX JOHN P. CRONAN, United States District Judge: On December 25, 2021, Movant filed a notice of appeal from the Court’s order denying his motion under 28 U.S.C. § 2255. Dkt. 314. A certificate of appealability will only be granted if the Movant “has made a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). See United States v. Perez, 129 F.3d 255, 259-60 (2d Cir. 1997) (discussing the standard for issuing a certificate of appealability). This Court did not previously grant a certificate of appealability and, because it finds that Movant has not sustained this burden it declines to issue one. Furthermore, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from the Court’s prior Order would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438, 444 (1962). The Clerk of Court is respectfully directed to mail this order to the pro se Movant. SO ORDERED. Dated: December 28, 2021 Vibe 7B New York, New York JOHN P. CRONAN United States District Judge