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Blythe v. United States

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


September 29, 2009

VICTOR A. BLYTHE, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.

The opinion of the court was delivered by: Neal P. McCurn, Senior District Judge

ORDER

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

20090929

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