Giordano v. United States

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 or a denial thereof.” Court of Appeals Mandate, No. 98-2978 (2nd Cir., Nov. 30, 1998). That dismissal being without prejudice to the…