Polanco v. United States

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

JASON POLANCO, Petitioner, 16 Cr. 826 (PAE) 24 Civ. 9406 (PAE) ~ ORDER UNITED STATES OF AMERICA, Respondent,

PAUL A. ENGELMAYER, District Judge: On March 26, 2025, defendant Jason Polanco filed a notice of appeal from the Court’s February 20, 2025 order, see Dkt. 5 (the “Order), which denied Polanco’s motion under 28 U.S.C. § 2255 to vacate his conviction and sentence. Dkt. 7. Under Fed. R. App. P. 22(b)(1), “[i]f an applicant files a notice of appeal, the district judge who rendered the judgment must either issue a certificate of appealability or state why a certificate should not issue.” See Raposo v. United States, No. 1 Civ, 5870, 2005 WL 292750, at *2 (S.D.N.Y. Feb. 8, 2005); Soto v. United States, 185 F.3d 48, 51 n. 3 (2d Cir. 1999) (“We have previously interpreted 28 U.S.C. § 2253(c)(1) to allow district judges as well as circuit justices and circuit judges to issue certificates of appealability.”) A certificate of appealability COA”) “will only be issued in a § 2255 proceeding if the applicant has made a substantial showing of the denial of a constitutional right.” Raposo, 2005 WL 292750, at *2 (citing 28 U.S.C, § 2253(c)(2)). For the reasons stated in the Order, Polanco has not made that showing. The Court thus declines to issue a COA as to the Order.

SO ORDERED.

PAUL A. ENGELMAYER { United States District Judge Dated: May 15, 2025