Brito v. United States
- P. Castel
- 1:16-cv-07618
- U.S. District Court · Southern District of New York
- 1
In Brito v. United States, Judge Castel denied appeal permission and fee-free status after Brito’s section 2255 motion was denied.
Enrique Brito, whose certificate of appealability and request to appeal without paying fees were denied.
What happened
Brito v. United States concerns Enrique Brito’s earlier motion under section 2255, which the court had denied in an April 12, 2024 Opinion and Order.
The court said Brito had not substantially shown that a constitutional right was denied, so it would not issue a certificate of appealability, or permission to appeal that ruling. It also found that an appeal would not be taken in good faith and denied permission to proceed without paying filing fees.
Judge P. Kevin Castel entered the order on June 10, 2024. This order addresses appeal permission and fee status; it does not decide the underlying section 2255 motion.
The detailed version
- Brito v. United States · No. 1:16-cv-07618
- P. Castel
- June 10, 2024
Background
The order concerns Enrique Brito’s motion under 28 U.S.C. § 2255, a procedure for challenging a federal conviction or sentence. The court had denied that motion in an Opinion and Order dated April 12, 2024. The opinion provided here addresses whether Brito could appeal that denial and proceed without paying appellate filing fees.
Rulings
The court stated that Brito had not made a substantial showing that a constitutional right had been denied. It therefore ruled that a certificate of appealability would not issue as to the denial of his section 2255 motion. A certificate of appealability is the court’s authorization to appeal a decision denying this type of motion.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the April 12, 2024 Opinion and Order would not be taken in good faith. It therefore denied Brito’s request for in forma pauperis status, meaning permission to appeal without paying the required fees.
Effect of the Order
The order denied a certificate of appealability and denied in forma pauperis status. It did not revisit or decide the underlying section 2255 motion. Judge P. Kevin Castel signed the order on June 10, 2024.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.