Delva v. United States
- Jesse Furman
- 1:19-cv-03623
- U.S. District Court · Southern District of New York
- 1
In Delva v. United States, Judge Furman denied David Delva’s Rule 36 motion to correct the record as frivolous.
David Delva, whose motion was denied, and the court clerk, who was directed to update the docket and mail Delva the order.
What happened
Delva v. United States concerned David Delva’s request to correct the record under Rule 36 of the Federal Rules of Criminal Procedure.
The opinion does not describe the specific correction Delva sought. It states only that he filed a motion to correct the record.
Judge Furman denied the motion as frivolous and directed the Clerk of Court to enter the order in both docketed matters, terminate the criminal docket entry identified in the order, and mail Delva a copy.
The detailed version
- Delva v. United States · No. 1:19-cv-03623
- Jesse Furman
- Nov. 13, 2020
Background
David Delva moved under Rule 36 of the Federal Rules of Criminal Procedure to correct the record. The opinion does not specify what part of the record he wanted corrected or explain the motion’s underlying factual basis.
Legal standard
Rule 36 permits correction of a clerical error. The court quoted Second Circuit precedent explaining that a clerical error must be a mechanical mistake in recording information, not an error involving judgment or misidentification.
Ruling
Judge Jesse M. Furman denied Delva’s motion as frivolous. The Clerk of Court was directed to enter the order on both docket numbers, terminate docket entry 314 in 12-CR-802-4, and mail a copy of the order to Delva.
Effect
The order resolves Delva’s Rule 36 motion. The opinion does not provide additional details about the requested correction or any other claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.