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S.D.N.Y.Procedural orderFiled Apr. 8, 2021

Coke v. United States

Judge
Laura Swain
Docket
1:19-cv-00263
Court
U.S. District Court · Southern District of New York
Pages
1
HabeasCriminalCivil Procedure
In one sentence

In Coke v. United States, Judge Swain denied Christopher Coke’s petition in full and declined to issue a certificate allowing an appeal.

Who this affects

Christopher Coke, whose petition was denied, and the United States of America, the respondent.

What happened

Coke v. United States involved Christopher Coke’s petition against the United States. The judgment refers to an earlier court order dated April 8, 2021, but that order is not included in the provided text.

The court denied the petition in its entirety. It also declined to issue a certificate of appealability, which is required for an appeal in this type of proceeding, and certified that an appeal on the merits would not be taken in good faith.

Judge Laura Swain is identified as the judge in the case. The judgment was dated April 8, 2021.

The detailed version

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

Case
Coke v. United States · No. 1:19-cv-00263
Judge
Laura Swain
Date
Apr. 8, 2021

Background

Christopher Coke was the movant, and the United States of America was the respondent. The judgment concerns a petition associated with civil docket number 19 Civ. 263 and criminal docket number 07 Cr. 971. The judgment states that the reasons for the decision were provided in a separate court order dated April 8, 2021. That order is not included in the provided opinion text.

Ruling

The court denied the petition in its entirety. The judgment states that Coke may not appeal unless a circuit justice or judge issues a certificate of appealability. A certificate of appealability is a court authorization required for an appeal in this type of proceeding when the statutory standard is met. The court declined to issue one, finding that Coke would not be able to meet that standard. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order on the merits would not be taken in good faith.

Effect

The judgment leaves the petition denied and does not authorize an appeal. The provided text does not explain the underlying claims or whether the petition was denied after a merits analysis or on a threshold ground. Judge Laura Swain is identified in the supplied case information; the judgment itself is dated April 8, 2021 and bears the clerk’s signature.

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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