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GIORDANO v. U.S.

Nos. 98 Civ. 6382(LLS), 94 Cr. 606-02(LLS).

32 F.Supp.2d 640 (1999)

Andrew GIORDANO, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, S.D. New York.

January 7, 1999.

Attorney(s) appearing for the Case

Marcia G. Shein, Shein & Biggs, Atlanta, GA, for Petitioner.

Robert E. Rice, Asst. U.S. Atty., New York City, for Respondent.

MEMORANDUM AND ORDER

STANTON, District Judge.

Although this court's November 3, 1998 Opinion and Order denying Mr. Giordano's § 2255 application closed with the words, "A certificate of appealability is not warranted because the petition is clearly without merit. So ordered.", the Court of Appeals has dismissed Mr. Giordano's November 12, 1998 Notice of Appeal, stating that "the file of the proceedings does not contain either a certificate of appealability...

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