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MONTALVO v. MANTELLO

United States District Court, Southern District of New York


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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