Goding v. Capra
- Katherine Failla
- 1:20-cv-06390
- U.S. District Court · Southern District of New York
- 1
In Goding v. Capra, Judge Failla denied the petition, declined to issue an appeal certificate, denied fee-free appeal status, and closed the case.
The ruling denied Emil Goding’s petition, prevented issuance of a certificate of appealability, denied fee-free status for any appeal, and closed the case.
What happened
In Goding v. Capra, the court considered a petition brought by Emil Goding against Michael Capra. The judgment does not describe the petition’s underlying claims or the arguments made by either side.
The court adopted Judge Wang’s report and denied the petition. It also ruled that no certificate allowing an appeal would issue, found that an appeal would not be taken in good faith, denied fee-free status for an appeal, and closed the case.
Judge Katherine Failla entered these rulings on August 13, 2024. The provided judgment refers to the court’s separate opinion and order but does not explain the underlying reasoning.
The detailed version
- Goding v. Capra · No. 1:20-cv-06390
- Katherine Failla
- Aug. 13, 2024
Rulings
The court adopted in full, by reference, Judge Wang’s report and denied the petition. The provided judgment does not identify the petition’s underlying legal claims or explain the reasoning in the report or the court’s separate opinion and order.
The court also ruled that a certificate of appealability would not issue because the petitioner had not made a substantial showing that a constitutional right was denied. In addition, under 28 U.S.C. § 1915(a)(3), the court found that an appeal would not be taken in good faith and therefore denied fee-free status for purposes of any appeal. The case was closed.
What the Opinion Does Not Say
The provided judgment does not state whether the petition was resolved on the merits or on a procedural ground. It only adopts the reasoning of materials that are not included in the provided text.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.