Pierre-Lys v. State of New York
- Laura Swain
- 1:24-cv-02759
- U.S. District Court · Southern District of New York
- 1
In Pierre-Lys v. State of New York, Judge Swain denied the petition after Pierre-Lys failed to file the required amended petition.
The ruling affected Petitioner Roodolph L. Pierre-Lys by denying the petition and limiting his ability to appeal without a certificate of appealability or without paying appeal-related fees. The respondents were the State of New York, New York County, Amy Cook, and the Orleans Correctional Facility Superintendent.
What happened
In Pierre-Lys v. State of New York, the court had ordered Pierre-Lys to file an amended petition within 60 days. The order warned that failing to do so would result in denial of the petition.
Pierre-Lys did not file an amended petition. The court therefore denied the petition and directed the Clerk of Court to enter judgment.
Judge Swain also ruled that no certificate allowing an appeal would issue and denied permission to proceed without paying fees for an appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Pierre-Lys v. State of New York · No. 1:24-cv-02759
- Laura Swain
- Nov. 21, 2024
Background
On August 21, 2024, the court ordered Petitioner Roodolph L. Pierre-Lys to file an amended petition within 60 days. The court stated that failure to comply would result in denial of the petition.
Ruling
Pierre-Lys did not file an amended petition. The court therefore denied the petition and directed the Clerk of Court to enter judgment in the action.
The court also determined that Pierre-Lys had not made a substantial showing that a constitutional right had been denied. As a result, it ruled that a certificate of appealability would not issue. The court further certified that any appeal would not be taken in good faith and denied permission to proceed without paying filing fees for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.