Peguero Delarosa v. United States
- Alison Nathan
- 1:16-cv-05003
- U.S. District Court · Southern District of New York
- 2
In Peguero Delrosa v. United States, Judge Nathan denied the petition and motion to vacate with prejudice because the petitioner did not file his opening brief.
The petitioner, Carlos Peguero Delrosa, whose motion to vacate and § 2255 petition were denied with prejudice and whose request to appeal without paying filing fees was denied.
What happened
Carlos Peguero Delrosa asked the court to consider his petition challenging his criminal case and his motion to vacate. The court had repeatedly ordered him to file an opening brief.
The court’s most recent order gave him until March 30, 2021, to file the brief and warned that the petition would be dismissed if he did not do so. He did not file it.
Judge Alison J. Nathan denied the motion to vacate and petition with prejudice. She also denied permission to appeal without paying the filing fees, finding that any appeal would not be taken in good faith, and directed the clerk to close the civil case.
The detailed version
- Peguero Delarosa v. United States · No. 1:16-cv-05003
- Alison Nathan
- Mar. 31, 2021
Background
The petitioner had a motion to vacate in the criminal case, No. 12-cr-639, and a related petition under 28 U.S.C. § 2255 in the civil case, No. 16-cv-05003. The court had issued multiple orders requiring him to file an opening brief. On February 16, 2021, the court instructed him that failure to file the brief by March 30, 2021, would result in dismissal of the § 2255 petition for failure to prosecute.
Ruling
Because the petitioner did not file his opening brief, the court denied his motion to vacate and § 2255 petition with prejudice. The court also found under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying the filing fees. The court stated that it was unable to mail the order because the petitioner had not updated his mailing address after being released from custody, and it directed the clerk to close the civil case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.