White v. Noeth
- Kenneth Karas
- 7:19-cv-00097
- U.S. District Court · Southern District of New York
- 1
In White v. Noeth, Judge Karas adopted the recommendation, dismissed the petition, and declined to issue a certificate allowing an appeal.
The petitioner’s case was dismissed, the petitioner was denied a certificate of appealability, and the case was closed; the judgment names Joseph Noeth as respondent.
What happened
In White v. Noeth, the court entered judgment after adopting a report and recommendation in its entirety. The judgment does not explain the underlying allegations or the recommendation’s reasoning.
The court dismissed the petition. It also ruled that no certificate of appealability would issue because the petitioner had not made a substantial showing that a constitutional right was denied, and it certified that any appeal would not be taken in good faith. The case was closed.
Judge Kenneth Karas is identified in the case information supplied with the opinion. The judgment is dated May 22, 2025, and was entered by the clerk’s office.
The detailed version
- White v. Noeth · No. 7:19-cv-00097
- Kenneth Karas
- May 22, 2025
Disposition
The court adopted the report and recommendation in its entirety and dismissed the petition. The judgment refers to the court’s order dated May 22, 2025, but the provided judgment does not state why the petition was dismissed or whether the dismissal rested on the petition’s merits or on a procedural ground.
Appeal-related rulings
The court stated that the petitioner had not made a substantial showing that a constitutional right had been denied. It therefore ruled that a certificate of appealability would not issue. A certificate of appealability is a court authorization required for an appeal in many federal post-conviction proceedings.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The judgment states that the case was closed. The provided text does not identify the petitioner’s underlying claims, the respondent’s position, or the specific basis for dismissal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.