In re: The Prosecutor
- 1:25-cv-00455
- U.S. District Court · Southern District of New York
- 1
In re: The Prosecutor: the court adopted the recommendation, dismissed the petition, and denied appeal-related requests.
The petitioner’s petition was dismissed, appeal-related requests were denied, and the case was closed; the respondent’s motion to dismiss was granted.
What happened
In In re: The Prosecutor, the court adopted a report and recommendation in full and granted the respondent’s motion to dismiss the petition.
The opinion does not explain the petition’s underlying allegations or the reasons for dismissal beyond referring to the court’s October 31, 2025 order and the adopted recommendation.
The court did not issue a certificate of appealability, denied fee-free status for an appeal, dismissed the petition, and closed the case.
The detailed version
- In re: The Prosecutor · No. 1:25-cv-00455
- Nov. 3, 2025
Background
The judgment identifies a petitioner and names “THE PROSECUTOR” as the respondent. It does not provide the petition’s factual allegations or identify the petition’s legal basis. The court’s judgment refers to an October 31, 2025 order and a report and recommendation.
Court’s Ruling
The court adopted the report and recommendation in its entirety and, for the reasons stated in that recommendation, granted the respondent’s motion to dismiss the petition. The judgment does not state whether the dismissal was with or without prejudice.
The court also declined to issue a certificate of appealability because the petitioner had not made a substantial showing that a constitutional right was denied. Under the statute cited by the court, a certificate of appealability concerns whether an appeal may proceed. The court further certified that an appeal would not be taken in good faith and denied the petitioner fee-free status for an appeal. The petition was dismissed and the case was closed.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.