Irvin v. Annucci
- Colleen McMahon
- 1:22-cv-04887
- U.S. District Court · Southern District of New York
- 1
In Irvin v. Annucci, Judge McMahon overruled objections, declined a certificate of appealability, and closed the case.
Irvin, the petitioner, and the respondents; the judgment closed the case and addressed whether an appeal could proceed.
What happened
In Irvin v. Annucci, the court overruled the petitioner’s objections to an earlier order and closed the case.
The court declined to issue a certificate of appealability, which is required for certain appeals involving constitutional claims. It also found that any appeal from the order denying Irvin’s motion would not be taken in good faith.
Judge Colleen McMahon issued the ruling on May 15, 2025. The judgment does not explain the underlying motion or the reasons for the earlier order.
The detailed version
- Irvin v. Annucci · No. 1:22-cv-04887
- Colleen McMahon
- May 15, 2025
What the Judgment Says
The judgment states that the court considered and overruled Irvin’s objections to an earlier order described in a memorandum order dated May 15, 2025. The judgment does not provide the subject of Irvin’s motion or the court’s reasoning on that motion.
Appealability and Case Status
The court declined to issue a certificate of appealability, a document required for certain appeals in cases involving constitutional claims, because Irvin had not made a substantial showing that a constitutional right was denied. The court also found under 28 U.S.C. § 1915(a)(3) that an appeal from the order denying Irvin’s motion would not be taken in good faith.
The judgment states: “Accordingly, the case is closed.”
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.