Rojas v. United States
- Jesse Furman
- 1:16-cv-03922
- U.S. District Court · Southern District of New York
- 1
In Rojas v. United States, Judge Furman entered an order of dismissal, denied a certificate of appealability, and denied permission to appeal without paying fees.
Daniel Rojas and the United States; the order also addressed Rojas’s ability to obtain a certificate of appealability and to appeal without paying filing fees.
What happened
In Rojas v. United States, Daniel Rojas sent the court a letter about his request to have New York State authorities cancel a parole detainer. The letter did not appear to ask the federal court for relief.
The court said the complaint concerned state authorities rather than Rojas’s federal sentence. It therefore took no action on the letter and entered an order of dismissal. The court also said an appeal would not be taken in good faith and denied permission to appeal without paying fees.
Judge Jesse M. Furman denied a certificate of appealability because Rojas had not made a substantial showing that a constitutional right was denied. The opinion does not describe the specific motion or claim underlying the civil case beyond the letter discussed in the order.
The detailed version
- Rojas v. United States · No. 1:16-cv-03922
- Jesse Furman
- Dec. 16, 2020
Background
Daniel Rojas, identified in the caption as the movant and defendant, sent the court a letter stating that he had asked the New York State Parole Division to quash a New York State “parole detainer.” The court noted that the letter did not appear to request relief from the federal court. It also said that the substance of the complaint concerned the conduct of state authorities, not Rojas’s federal sentence.
The opinion includes a related criminal docket number, 11-CR-208 (JMF), and notes that the matter had been reassigned to Judge Furman on May 26, 2016, after Judge Scheindlin retired. The opinion does not otherwise identify the specific motion or legal claim underlying the civil docket.
Ruling
The court entered an order of dismissal and stated that it would take no action in connection with Rojas’s letter. It did not decide the substance of the state parole-detainer issue or the federal sentence.
The court denied a certificate of appealability because Rojas had not made a substantial showing that a constitutional right was denied. A certificate of appealability is permission required for certain appeals in federal post-conviction proceedings. The court also certified that any appeal would not be taken in good faith and denied permission to proceed without paying filing fees.
Disposition
The Clerk of Court was directed to mail Rojas a copy of the order at the address listed in the opinion.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.