Wallace v. United States

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK nnn ee ee eee KX TIMMY WALLACE, Petitioner, 20 CIVIL 7134 (PKC) 15 CR. 794 (PKC) -against- JUDGMENT UNITED STATES OF AMERICA, Respondent. eee ee ee ee eee K

It is hereby ORDERED, ADJUDGED AND DECREED): That for the reasons stated in the Court's Opinion and Order dated January 5, 2021, The Court has considered the balance of Wallace’s arguments and finds them to be without merit. His motion to vacate, set aside or correct his conviction and/or sentence pursuant to 28 U.S.C. § 2255 is DENIED; judgment is entered for the United States, and 20-cv-7134 is closed. Wallace has not made a substantial showing of the denial of a constitutional right and, accordingly, a certificate of appealability will not issue. 28 U.S.C. § 2253; see Blackman v. Ercole, 661 F.3d 161, 163-64 (2d Cir. 2011). The Court certifies, pursuant to 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.

DATED: New York, New York January 6, 2021

RUBY J. KRAJICK Clerkof Courtf77 BY: D . 4 “ Depul/Clerk