Clark v. The State of New York
- Kenneth Karas
- 7:22-cv-06635
- U.S. District Court · Southern District of New York
- 1
In Clark v. The State of New York, Judge Karas dismissed the petition, adopted the Report and Recommendation, and declined to issue a certificate of appealability.
Eric Wade Clark and the State of New York and the other respondents named in the case.
What happened
In Clark v. The State of New York, the court adopted in full a Report and Recommendation dated August 5, 2024. The opinion provided does not explain the underlying claims or the recommendation’s reasoning.
The court dismissed the petition. It also decided that no certificate of appealability would issue because the petitioner had not made the required substantial showing that a constitutional right was denied.
The court further certified that an appeal would not be taken in good faith, and the case was closed. The ruling was issued under Judge Kenneth Karas.
The detailed version
- Clark v. The State of New York · No. 7:22-cv-06635
- Kenneth Karas
- Aug. 30, 2024
Ruling
The court adopted in its entirety the Report and Recommendation dated August 5, 2024, for the reasons stated in the court’s August 30, 2024 Order. The petition was dismissed.
The court also declined to issue a certificate of appealability. It stated that the petitioner had not made a substantial showing that a constitutional right was denied, citing 28 U.S.C. § 2253(c)(2). A certificate of appealability is a document required for certain appeals from the denial of a petition challenging custody or detention.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The case was closed. The provided judgment does not state why the petition was dismissed, and it does not include the reasoning from the adopted Report and Recommendation or the August 30 Order. The ruling was issued under Judge Kenneth Karas.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.