Scott v. United States
- Kenneth Karas
- 7:16-cv-04262
- U.S. District Court · Southern District of New York
- 1
In Scott v. United States, Judge Karas dismissed Scott’s habeas petition and denied a certificate of appealability.
David Terrell Scott’s habeas petition was dismissed, judgment was entered for the United States of America, and the case was closed. The judgment also denied a certificate of appealability and certified that an appeal would not be taken in good faith.
What happened
In Scott v. United States, David Terrell Scott challenged his federal custody through a habeas petition. The judgment does not describe the arguments or facts underlying that petition.
The court dismissed the petition for the reasons stated in a separate November 14, 2019 order, which is not included here. The judgment entered in favor of the United States and closed the case.
Judge Kenneth Karas’s court also declined to issue a certificate of appealability and certified that an appeal would not be taken in good faith. The judgment does not state why the petition was dismissed.
The detailed version
- Scott v. United States · No. 7:16-cv-04262
- Kenneth Karas
- Nov. 15, 2019
Background
David Terrell Scott was the petitioner, and the United States of America was the respondent. The judgment identifies Scott’s filing as a petition for a writ of habeas corpus, a request for federal court review of the legality of a person’s custody. The judgment itself does not provide the petition’s claims, the government’s arguments, or the court’s reasoning.
Ruling
The court dismissed Scott’s petition for the reasons stated in its November 14, 2019 order. That order is not included in the provided text, so the basis for dismissal cannot be determined from this judgment alone. The court entered judgment in favor of the respondent and closed the case.
Judge Kenneth Karas’s court also ruled that no certificate of appealability would issue because Scott had not made the required substantial showing that a constitutional right was denied. The court further certified under 28 U.S.C. § 1915(a)(3) that an appeal from the judgment on the merits would not be taken in good faith. The judgment does not state that the petition was dismissed with or without prejudice.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.