Urena v. Annucci
- Nelson Roman
- 7:17-cv-02835
- U.S. District Court · Southern District of New York
- 1
In Urena v. Annucci, Judge Roman adopted the recommendation, denied Urena’s habeas petition, and refused permission to appeal without paying fees.
Christian Urena, whose habeas petition was denied and whose request to appeal without paying court fees was denied.
What happened
Urena v. Annucci concerned Christian Urena’s petition asking for a court order addressing his custody. The listed defendant was Commissioner Anthony Annucci and the New York State Department of Corrections & Community Supervision.
The court adopted Magistrate Judge McCarthy’s recommendation in full and denied the petition. It also ruled that Urena would not receive a certificate of appealability, which is required for certain federal habeas appeals.
Judge Nelson Roman’s judgment further denied Urena permission to appeal without paying court fees and closed the case.
The detailed version
- Urena v. Annucci · No. 7:17-cv-02835
- Nelson Roman
- Oct. 26, 2020
Background
Christian Urena filed a petition for a writ of habeas corpus against Commissioner Anthony Annucci and the New York State Department of Corrections & Community Supervision. The judgment refers to an earlier court order dated October 23, 2020, and to Magistrate Judge McCarthy’s report and recommendation. That earlier order is not included in the provided text.
Rulings
The court adopted Magistrate Judge McCarthy’s report and recommendation in its entirety and denied Urena’s habeas petition.
The court also ruled that Urena had not made a substantial showing that a constitutional right had been denied. For that reason, it directed that no certificate of appealability issue. A certificate of appealability is a document required for certain federal habeas appeals.
The court certified that any appeal would not be taken in good faith and denied Urena permission to appeal without paying court fees. The case was closed.
Disposition
The petition was denied; a certificate of appealability was not issued; permission to appeal without paying court fees was denied; and the case was closed.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.