UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
April 27, 2012
JORGE LUIS ESPINAL, PETITIONER,
WILLIAM BROWN, RESPONDENT.
The opinion of the court was delivered by: Block, Senior District Judge:
On December 6, 2011, the Court denied Jorge Luis Expinal's petition to vacate, set aside or correct his sentence pursuant to 22 U.S.C. § 2255. It did not issue a certificate of appealability because Espinal did not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c).
On February 3, 2012, the Court denied Espinal's motion for reconsideration pursuant to Federal Rules of Civil Procedure 60(b) and 60(d). Although Espinal did not request a certificate of appealability in connection with his motion, the Second Circuit Clerk's Office has asked the Court to consider whether to issue one sua sponte.
Having carefully reviewed the disposition of Espinal's motion, the Court concludes that the motion did not make a substantial showing of the denial of a constitutional right.
Accordingly, a certificate of appealability will not issue.
FREDERIC BLOCK Senior United States District Judge
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