Rodriguez-Francisco v. United States
- Vincent Briccetti
- 7:15-cv-08843
- U.S. District Court · Southern District of New York
- 1
In Rodriguez-Francisco v. United States, Judge Briccetti denied bail pending appeal, refused a certificate of appealability, and denied fee-free appeal status.
The ruling affects Juan Carlos Rodriguez-Francisco’s request for bail during his appeal and his ability to pursue an appeal from this order without paying filing fees.
What happened
In Rodriguez-Francisco v. United States, Juan Carlos Rodriguez-Francisco asked for bail while appealing the court’s denial of his request to reopen an earlier matter and his request to reconsider that denial.
The court denied the bail request as frivolous, saying the earlier requests had no merit and that he showed neither a likely chance of success nor extraordinary circumstances. The court also said no certificate of appealability would issue.
Judge Vincent L. Briccetti further ruled that an appeal from this order would not be taken in good faith and denied Rodriguez-Francisco permission to appeal without paying filing fees.
The detailed version
- Rodriguez-Francisco v. United States · No. 7:15-cv-08843
- Vincent Briccetti
- Apr. 23, 2020
Background
By letter dated April 22, 2020, Juan Carlos Rodriguez-Francisco sought bail while appealing two earlier rulings: the denial of his motion under Rule 60(b) to reopen the matter and the denial of his motion asking the court to reconsider that decision. The opinion identifies the related criminal docket as No. 13 CR 233 (VB).
Rulings
The court denied the bail motion as frivolous. It stated that the Rule 60(b) motion and the reconsideration motion were entirely without merit. Based on that conclusion, the court found that Rodriguez-Francisco had shown neither a likelihood of success on appeal nor extraordinary circumstances.
The court also ruled that a certificate of appealability would not issue because Rodriguez-Francisco had not made a substantial showing that a constitutional right was denied. A certificate of appealability is court permission required for certain post-conviction appeals.
Finally, the court certified that any appeal from this order would not be taken in good faith and denied permission to appeal without paying filing fees. The Clerk was instructed to mail a copy of the order to Rodriguez-Francisco.
Disposition
The motion for bail pending appeal was denied. No certificate of appealability will issue, and permission to appeal without paying filing fees was denied. Judge Vincent L. Briccetti signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.