Green v. Chappius
- Vincent Briccetti
- 7:17-cv-03129
- U.S. District Court · Southern District of New York
- 1
In Green v. Chappius, Judge Briccetti denied Green’s habeas petition, refused appeal certification and an appeal fee waiver, and closed the case.
Avery Green, whose habeas petition was denied and whose request to appeal without paying court fees was denied; the case against Paul Chappius was closed.
What happened
In Avery Green v. Paul Chappius, the court adopted a magistrate judge’s recommendation for the reasons stated in a January 30, 2020 order and denied Green’s petition challenging his custody through a legal process called habeas review.
The judgment does not include the underlying recommendation or January 30 order, so it does not explain why the petition was denied. It does state that Green did not make the required showing of a constitutional violation for an appeal certificate.
Judge Vincent Briccetti’s court also ruled that Green could not appeal without paying court fees because the appeal was not being taken in good faith. The case was closed.
The detailed version
- Green v. Chappius · No. 7:17-cv-03129
- Vincent Briccetti
- Jan. 31, 2020
Background
Avery Green filed a petition for a writ of habeas corpus, a court proceeding that asks whether a person’s custody is legally valid, against Paul Chappius. The judgment refers to a magistrate judge’s report and recommendation, but the report and the court’s January 30, 2020 order are not included in the provided text.
Rulings
The court adopted the report and recommendation as its opinion and denied the habeas petition. The judgment does not state the underlying reasons for that denial beyond referring to the January 30 order.
The court also ruled that a certificate of appealability would not issue because Green had not made a substantial showing that a constitutional right was denied. A certificate of appealability is the court’s authorization for a habeas petitioner to appeal.
The court certified that any appeal would not be taken in good faith and denied Green permission to appeal without paying court fees. The judgment states that the case was closed.
Disposition
The habeas petition was denied. The court declined to issue a certificate of appealability, denied fee-free appeal status, and closed the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.