Polanco v. United States
- Paul Engelmayer
- 1:24-cv-09406
- U.S. District Court · Southern District of New York
- 2
In Polanco v. United States, Judge Engelmayer declined to issue a certificate of appealability after Polanco appealed denial of his post-conviction motion.
Jason Polanco's ability to appeal the February 20, 2025 denial of his motion to vacate his conviction and sentence was affected; the United States was the respondent.
What happened
In Polanco v. United States, Jason Polanco appealed a February 20, 2025 order that denied his request to vacate his conviction and sentence through a federal post-conviction motion.
The court explained that a certificate of appealability is required for an appeal in this type of proceeding. It may issue only if the applicant substantially shows that a constitutional right was denied.
Judge Engelmayer declined to issue a certificate of appealability, concluding that Polanco had not made the required showing.
The detailed version
- Polanco v. United States · No. 1:24-cv-09406
- Paul Engelmayer
- May 15, 2025
Background
On March 26, 2025, Jason Polanco filed a notice of appeal from the court's February 20, 2025 order. That earlier order denied Polanco's motion under 28 U.S.C. § 2255 to vacate his conviction and sentence.
Certificate-of-Appealability Standard
Under the Federal Rules of Appellate Procedure and 28 U.S.C. § 2253(c)(2), a district judge must either issue a certificate of appealability or explain why one should not issue when a person appeals a decision in a § 2255 proceeding. A certificate of appealability permits an appeal only when the applicant makes a substantial showing that a constitutional right was denied.
Ruling
For the reasons stated in the February 20 order, the court concluded that Polanco had not made the required showing. The court therefore declined to issue a certificate of appealability as to that order. This opinion does not provide the underlying reasons why the earlier order denied Polanco's § 2255 motion.
Disposition
The court declined to issue a certificate of appealability.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.