Ferreira-Rosario v. United States
- Naomi Buchwald
- 1:19-cv-03175
- U.S. District Court · Southern District of New York
- 1
In Ferreira-Rosario v. United States, Judge Buchwald denied Ferreira-Rosario’s petition and declined to issue a certificate of appealability.
Victor Ferreira-Rosario’s petition was denied; the United States was the respondent. The court also declined to issue a certificate of appealability and closed the civil case.
What happened
Ferreira-Rosario v. United States involved Victor Ferreira-Rosario’s petition against the United States. The judgment does not describe the petition’s underlying claims or the parties’ arguments.
The court’s stated reasons were contained in a separate memorandum and order dated June 14, 2021, which is not included in the provided text. The judgment therefore does not reveal whether the court reached the petition’s underlying legal issues.
Judge Naomi Buchwald denied the petition, declined to issue a certificate of appealability, and certified that any appeal would not be taken in good faith. The civil case was closed.
The detailed version
- Ferreira-Rosario v. United States · No. 1:19-cv-03175
- Naomi Buchwald
- June 14, 2021
Background
Victor Ferreira-Rosario was the petitioner, and the United States of America was the respondent. The provided judgment refers to Ferreira-Rosario’s petition but does not identify its specific legal claims, the relief requested, or the parties’ arguments. It also lists a related criminal docket, No. 18 Cr. 173-7.
Ruling
The judgment states that, for the reasons given in the court’s separate memorandum and order dated June 14, 2021, Ferreira-Rosario’s petition was denied. That memorandum and order is not included in the provided text, so the judgment alone does not show whether the court decided the petition on its underlying merits or on another ground.
The court also declined to issue a certificate of appealability because Ferreira-Rosario had not made a substantial showing that a constitutional right was denied. A certificate of appealability is required for certain appeals from post-conviction decisions. The court further certified that any appeal from the memorandum and order would not be taken in good faith under 28 U.S.C. § 1915(a)(3), and the civil case was closed.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.