Opinion
CIVIL ACTION NO. 3:11-CV-1420 (JCH)
04-10-2013
WILLIAM BALDWIN Petitioner, v. UNITED STATES OF AMERICA, Respondent.
RULING RE: MOTION FOR CERTIFICATE OF APPEALABILITY (DOC. NO. 7)
On February 13, 2013, this court denied William Baldwin's ("Baldwin's") Motion to Vacate, Set Aside, or Correct Sentence (Doc. No. 1). See (Doc. No. 6). Baldwin filed a Notice of Appeal (Doc. No. 7), which the court will construe as a Motion for Certificate of Appealability. See 28 U.S.C. § 2253(c)(1)(B) ("Unless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from the final order in a proceeding under section 2255."); Matthews v. United States, 682 F.3d 180, 185 (2d Cir. 2012) (stating the district court has the authority to grant a certificate of appealability of the denial of a section 2255 petition). "A certificate of appealability may issue . . . only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2).
Upon reviewing Baldwin's Motion to Vacate, Set Aside, or Correct Sentence and the court's subsequent Ruling, the court concludes that petitioner has not shown that he was denied a constitutionally or federally protected right. Thus, any appeal from the court's Ruling would not be taken in good faith and a certificate of appealability will not issue. Baldwin's Motion (Doc. No. 7) is DENIED.
SO ORDERED.
Dated at New Haven, Connecticut, this 10th day of April, 2013.
_________________
Janet C. Hall
United States District Judge