Cook v. United States
- Alison Nathan
- 1:18-cv-04271
- U.S. District Court · Southern District of New York
- 1
In Cook v. United States, Judge Nathan denied Cook’s petition, found no hearing was required, and denied a certificate to appeal and fee-free appeal status.
John William Cook, Jr. and the United States
What happened
In Cook v. United States, John William Cook, Jr. petitioned against the United States in a case filed under docket number 18 Civ. 4271. The judgment also lists a related criminal docket number, 13 Cr. 77-1.
The court considered Cook’s remaining arguments and found them without merit, even when reading them generously. It also found that no hearing was required because the case records conclusively showed that Cook was not entitled to relief.
Judge Alison Nathan denied Cook’s petition for habeas corpus, and the civil case was closed. The court also declined to issue a certificate of appealability and denied Cook permission to appeal without paying filing fees, finding that an appeal would not be taken in good faith.
The detailed version
- Cook v. United States · No. 1:18-cv-04271
- Alison Nathan
- Nov. 18, 2020
Background
John William Cook, Jr. was the petitioner, and the United States was the respondent. The judgment lists civil docket number 18 Civ. 4271 and criminal docket number 13 Cr. 77-1. The judgment refers to the court’s Opinion and Order dated November 17, 2020, but that opinion is not included in the provided text.
Arguments and Hearing
The court considered Cook’s remaining arguments and found them without merit, even when construing them liberally. The court ruled that Cook was not entitled to a hearing because the case files and records conclusively showed that he was not entitled to relief, citing 28 U.S.C. § 2255(b).
Ruling
The court denied Cook’s petition for habeas corpus. It stated that civil case 18 Civ. 4271 was closed. The court also ruled that a certificate of appealability would not issue because Cook had not made a substantial showing that a constitutional right had been denied. Finally, under 28 U.S.C. § 1915(a)(3), the court denied fee-free status for any appeal because an appeal would not be taken in good faith. The judgment is dated November 18, 2020, and the provided document is signed by the clerk rather than by the judge.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.