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S.D.N.Y.Procedural orderFiled Oct. 7, 2020

Pickett v. United States

Judge
Kenneth Karas
Docket
7:17-cv-08379
Court
U.S. District Court · Southern District of New York
Pages
1
HabeasCivil Procedure
In one sentence

In Pickett v. United States, Judge Karas dismissed Dexter Pickett’s petition, declined to issue a certificate of appealability, and closed the case.

Who this affects

The judgment dismissed Dexter Pickett’s petition, entered judgment for the United States, declined to issue a certificate of appealability, and closed the case.

What happened

In Pickett v. United States, Dexter Pickett filed a petition against the United States. The provided judgment refers to an October 7, 2020 order for the reasons behind the decision, but that order is not included here.

The court dismissed the petition and entered judgment for the United States. It also declined to issue a certificate of appealability, which is required for an appeal in this type of case, and certified that an appeal would not be taken in good faith.

Judge Kenneth Karas’s court ordered the case closed. The judgment does not explain the petition’s claims or the court’s reasoning because the referenced order is not part of the provided text.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Pickett v. United States · No. 7:17-cv-08379
Judge
Kenneth Karas
Date
Oct. 7, 2020

Background

The judgment identifies Dexter Pickett as the petitioner and the United States of America as the respondent. It states that the court’s reasons appear in an order dated October 7, 2020, but that order is not included in the provided opinion text. The judgment therefore does not identify the petition’s specific claims or explain the underlying grounds for dismissal.

Ruling

The court dismissed the petition and entered judgment in favor of the United States. The judgment does not state that the dismissal was with or without prejudice.

The court declined to issue a certificate of appealability because Pickett had not made a substantial showing that a constitutional right was denied. A certificate of appealability is a document required for an appeal from certain post-conviction proceedings. The court also 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 case was closed.

Classification

This is a procedural order based on the provided text: the judgment dismisses the petition but does not include the analysis needed to determine whether the court reached the petition’s underlying merits.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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