James v. Capra
- George Daniels
- 1:19-cv-06966
- U.S. District Court · Southern District of New York
- 1
In Major James v. Michael Capra, Judge Daniels declined to issue a certificate allowing an appeal and said any appeal would not be taken in good faith.
Major James is directly affected because the court declined to issue a certificate of appealability and certified that any appeal would not be taken in good faith. The opinion does not describe any additional effect on Michael Capra, Superintendent.
What happened
Major James v. Michael Capra is an order in Major James’s federal case. The opinion does not describe the underlying claims or the court’s earlier ruling.
The court declined to issue a certificate of appealability, which is required for certain appeals. It also certified that any appeal from the ruling would not be taken in good faith.
Judge Daniels issued the order on July 20, 2020. The order does not otherwise decide the underlying legal issues.
The detailed version
- James v. Capra · No. 1:19-cv-06966
- George Daniels
- July 20, 2020
Ruling
The court declined to issue Major James a certificate of appealability. Under 28 U.S.C. § 2253(c)(2), the court stated that Major James had not made a substantial showing that a constitutional right was denied.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the ruling would not be taken in good faith. The opinion does not state whether Major James had previously received a ruling on the underlying claims, and it does not address those claims on their merits.
Effect
The order concerns Major James’s ability to pursue an appeal and the court’s certification about the good-faith basis for any appeal. It does not describe any separate relief granted to or against Michael Capra, Superintendent.
Classification
This is a procedural order because it addresses appellate authorization and the good-faith certification rather than deciding the underlying legal claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.