Henriquez v. LaClair
- Jesse Furman
- 1:19-cv-02265
- U.S. District Court · Southern District of New York
- 1
In Henriquez v. LaClair, Judge Furman’s court denied Henriquez’s petition, dismissed the case, and denied a certificate of appealability.
Jean Carlos Henriquez’s petition was denied and his case was dismissed; Darwin LaClair was the named respondent.
What happened
In Henriquez v. LaClair, the court entered judgment after referring to a memorandum opinion and order dated March 12, 2020. The provided judgment does not explain the underlying claims or arguments.
The court denied Henriquez’s petition and dismissed his case. It also stated that Henriquez had not made the required substantial showing that a constitutional right was denied.
Judge Jesse Furman’s court declined to issue a certificate of appealability and denied permission to appeal without paying filing fees, certifying that an appeal would not be taken in good faith. The case was closed.
The detailed version
- Henriquez v. LaClair · No. 1:19-cv-02265
- Jesse Furman
- Mar. 13, 2020
Background
The judgment concerns a petition filed by Jean Carlos Henriquez against Darwin LaClair, identified as superintendent of Franklin Correctional Facility. The judgment states that the court’s reasons were provided in a memorandum opinion and order dated March 12, 2020. That memorandum is not included in the provided text, so the underlying claims and arguments cannot be determined from this judgment alone.
Ruling
The court denied Henriquez’s petition and dismissed the case. It found that Henriquez had not made a substantial showing that a constitutional right had been denied. The court therefore stated that a certificate of appealability would not issue at that time.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the memorandum opinion and order would not be taken in good faith. It accordingly denied permission to appeal without paying filing fees and closed the case. Judge Jesse Furman is identified in the supplied case information; the judgment itself was entered by the clerk of court.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.