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MONTALVO v. MANTELLO

May 19, 2003

ORLANDO MONTALVO, PLAINTIFF, AGAINST DOMINIC MANTELLO, SUPERINTENDENT, DEFENDANTS.


The opinion of the court was delivered by: Whitman Knapp, Senior United States District Judge

MEMORANDUM & ORDER

Petitioner, proceeding pro se, filed a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on June 5, 2000. By order dated December 3, 2000, this Court denied the petition. Petitioner has now filed a notice of appeal with regard to the December 3 order, as well as a request to appeal in forma pauperis. In the Southern District of New York, a notice of appeal is liberally construed to include an application for a certificate of appealability.

As petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. 28 U.S.C. § 2253; see Lozada v. United States (2d Cir. 1997) 107 F.3d 1011, abrogated on other grounds by United States v. Perez (2d Cir. 1997) 129 F.3d 255, 259-260. 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. See Coppedge v. United States, 369 U.S. 438 (1962).

SO ORDERED.

20030519

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