Vazquez-Diaz v. United States
- Vincent Briccetti
- 7:21-cv-06757
- U.S. District Court · Southern District of New York
- 1
In Vazquez-Diaz v. United States, Judge Briccetti granted the jurisdictional dismissal motion, dismissed the petition, and denied fee-free appeal status.
Luis A. Vazquez-Diaz’s Section 2241 petition was dismissed, and he was denied permission to appeal without paying filing fees.
What happened
Vazquez-Diaz v. United States concerns Luis A. Vazquez-Diaz’s petition for federal habeas relief under Section 2241 against the United States of America. The judgment does not include the underlying facts or arguments.
The court granted the motion to dismiss for lack of subject matter jurisdiction and dismissed the petition. It also ruled that a federal prisoner seeking relief under Section 2241 does not need a certificate of appealability to appeal, but certified that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The case was closed.
Judge Vincent Briccetti is identified as the judge. The judgment is dated March 21, 2022.
The detailed version
- Vazquez-Diaz v. United States · No. 7:21-cv-06757
- Vincent Briccetti
- Mar. 21, 2022
Background
The judgment identifies Luis A. Vazquez-Diaz as the petitioner and the United States of America as the respondent. It concerns a petition seeking habeas relief under Section 2241. The judgment refers to a separate Court order dated March 21, 2022, but that order is not included in the provided text.
Ruling
The court granted the motion to dismiss for lack of subject matter jurisdiction. Subject matter jurisdiction is the court’s legal authority to hear a type of case. The court dismissed the petition and stated that the case was closed.
The court also stated that a federal prisoner seeking habeas relief under Section 2241 does not need a certificate of appealability to appeal. However, under 28 U.S.C. § 1915(a)(3), the court certified that an appeal from the order would not be taken in good faith and denied permission to proceed without paying filing fees for purposes of an appeal.
Disposition
The motion to dismiss for lack of subject matter jurisdiction was granted, the petition was dismissed, and permission to proceed without paying filing fees on appeal was denied. The judgment does not state additional facts explaining the jurisdictional ruling.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.