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S.D.N.Y.Procedural orderFiled Apr. 6, 2021

Patterson v. Pingotti

Judge
Vincent Briccetti
Docket
7:16-cv-04259
Court
U.S. District Court · Southern District of New York
Pages
1
HabeasCivil Procedure
In one sentence

Patterson v. Pingotti: Judge Briccetti denied Patterson’s habeas petition, declined a certificate of appealability, and denied fee-free appeal status.

Who this affects

Joseph Patterson’s habeas petition was denied; the court also denied him a certificate of appealability and permission to appeal without paying filing fees, and closed the case.

What happened

In Joseph Patterson v. Louis Pingotti, the court adopted an earlier report and recommendation after finding no error and denied Patterson’s petition for a writ of habeas corpus.

The court also declined to issue a certificate of appealability because Patterson had not made the required showing of a constitutional-right violation. It denied permission to appeal without paying filing fees and closed the case.

Judge Vincent Briccetti is identified in the case information, while the judgment itself is signed by the court clerk. The judgment does not explain the underlying reasons for denying the petition.

The detailed version

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

Case
Patterson v. Pingotti · No. 7:16-cv-04259
Judge
Vincent Briccetti
Date
Apr. 6, 2021

Background

Joseph Patterson filed a petition for a writ of habeas corpus against Louis Pingotti. The judgment refers to an earlier court order dated April 5, 2021, a report and recommendation (a magistrate judge’s recommended decision), and the underlying record. The provided judgment does not describe the legal grounds of Patterson’s petition or the substance of the earlier recommendation.

Ruling

The court stated that it had carefully reviewed the report and recommendation and the underlying record and found “no error, clear or otherwise.” It adopted the report and recommendation as the court’s opinion and denied the habeas petition.

Appeal-related rulings

The court stated that Patterson had not made a substantial showing that a constitutional right was denied, so it ordered that no certificate of appealability would issue. A certificate of appealability is a document generally required to appeal the denial of a federal habeas petition.

The court also certified that any appeal would not be taken in good faith under 28 U.S.C. § 1915(a)(3) and denied permission to appeal without paying filing fees. The case was closed.

Scope of the judgment

The provided text does not state whether the habeas petition was denied on the merits or on a procedural ground. Because the judgment adopts the report and recommendation without explaining its analysis, the classification here treats the ruling as a procedural habeas disposition under the stated classification rules.

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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