Tashbook v. Petrucci
- Kenneth Karas
- 7:20-cv-05318
- U.S. District Court · Southern District of New York
- 1
In Tashbook v. Petrucci, Judge Karas adopted the recommendation, denied an evidentiary hearing, entered judgment for Petrucci, and closed the case.
The judgment directly affected Robert Tashbook’s petition, his renewed request for an evidentiary hearing, and his ability to appeal without a certificate of appealability or without paying the appellate filing costs. It entered judgment in favor of Warden James Petrucci.
What happened
In Tashbook v. Petrucci, Robert Tashbook filed a petition against Warden James Petrucci. The judgment refers to a previously issued report and recommendation and says the court reviewed it for error.
The court concluded that Tashbook’s petition failed as a matter of law. It denied his renewed request for an evidentiary hearing, declined to issue a certificate allowing an appeal, and certified that an appeal would not be taken in good faith.
Judge Kenneth Karas adopted the report and recommendation’s outcome. The court entered judgment for Petrucci and closed the case on March 25, 2022.
The detailed version
- Tashbook v. Petrucci · No. 7:20-cv-05318
- Kenneth Karas
- Mar. 25, 2022
Background
Robert Tashbook was the petitioner, and Warden James Petrucci was the respondent. The judgment refers to an earlier report and recommendation, which it calls the “R&R,” but this judgment does not describe the underlying claims or explain the legal reasoning in that report.
Rulings
The court stated that it had thoroughly reviewed the report and recommendation and found no error. It adopted the report and recommendation’s outcome and stated that Tashbook’s petition failed as a matter of law.
The court denied Tashbook’s renewed request for an evidentiary hearing. It also declined to issue a certificate of appealability, which is a document required for certain appeals from a habeas judgment, because Tashbook had not made a substantial showing that a constitutional right was denied. The court further certified that an appeal from the judgment on the merits would not be taken in good faith, meaning the court found that such an appeal would not present a nonfrivolous issue for review.
Disposition
Judge Kenneth Karas entered judgment in favor of Warden James Petrucci, and the case was closed. The judgment is dated March 25, 2022.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.