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LIVINGSTON v. U.S.

United States District Court, S.D. New York


May 24, 2004.

DAVID LIVINGSTON, Movant, -against- UNITED STATES OF AMERICA, Respondent

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER

Movant's motion for leave to file a brief in support of his petition under 28 U.S.C. § 2255 is granted.

The motion for relief under 28 U.S.C. § 2255 is denied, substantially for the reasons set forth in the government's response dated March 29, 2004. In particular, the Court is entirely satisfied that movant's counsel represented him ably and aggressively and that the claim of ineffective assistance of counsel, even if it were properly before the Court, would be entirely baseless.

  A certificate of appealability is denied, and the Court certifies that any appeal herefrom would not be taken in good faith within the meaning of 28 U.S.C. § 1915(a)(3).

  SO ORDERED.

20040524

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