UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
September 29, 2009
VICTOR A. BLYTHE, PETITIONER,
UNITED STATES OF AMERICA, RESPONDENT.
The opinion of the court was delivered by: Neal P. McCurn, Senior District Judge
On June 25, 2009, this court issued a Memorandum, Decision and Order denying a motion by petitioner, Victor A. Blythe, to reopen the January 21, 1998 denial of his motion to vacate, set aside or modify his sentence pursuant to 28 U.S.C. § 2255. Presently before the court is Petitioner's application for a certificate of appealability. See Dkt. No. 23. Petitioner's application for a certificate of appealability is hereby DENIED as he has not made a "substantial showing of the denial of a constitutional right" pursuant to 28 U.S.C. § 2253(c)(2).
The Clerk of the Court is directed to serve a copy of this Order by regular mail to petitioner, Victor A. Blythe.
IT IS SO ORDERED.
DATED: September 29, 2009 Syracuse, New York
© 1992-2009 VersusLaw Inc.