Mizell v. United States

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

TEVIN MIZELL, Petitioner, 19-CV-6849 (RJS) -v- 14-CR-0212 (RJS) UNITED STATES OF AMERICA, ORDER Respondent.

RICHARD J. SULLIVAN, Circuit Judge:

On May 6, 2020, the Court issued an order denying Defendant Tevin Mizell’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2255. (19-cv-6849, Doc. No. 15.) The Court is now in receipt of a letter from Defendant requesting the issuance of a certificate of appealability. (19-cv- 6849, Doc. 18.) For the reasons set forth in the Court’s eleven-page order, the Court concludes that Defendant has not “made a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2); see also Slack v. McDaniel, 529 U.S. 473, 484 (2000). Accordingly, the Court will not issue a certificate of appealability. The Clerk of the Court is respectfully directed to terminate the motion pending at 14-cr-212, document number 995, and 19-cv-6849, document number 18. SO ORDERED.

Dated: May 29, 2020 New York, New York

RICHARD J. SULLIVAN UNITED STATES CIRCUIT JUDGE Sitting by Designation