Roberts v. United States
- Alison Nathan
- 1:18-cv-05625
- U.S. District Court · Southern District of New York
- 1
In Roberts v. United States, Judge Nathan denied Marlon Roberts’s motion to vacate his conviction, declined a certificate of appealability, and denied fee-free appeal status.
Marlon Roberts’s federal conviction challenge was denied, and he was denied a certificate of appealability and fee-free status for any appeal.
What happened
In Roberts v. United States, Marlon Roberts asked the court to vacate his conviction under a federal law allowing prisoners to challenge federal convictions. The provided judgment refers to a separate memorandum dated May 10, 2022, but does not include its reasoning.
The court denied Roberts’s motion. It also declined to issue a certificate of appealability, which is required to appeal this type of decision, and denied his request to proceed without paying court fees for an appeal. The court closed the civil case.
Judge Alison Nathan was identified in the case information supplied with the opinion. The judgment was dated May 10, 2022, and entered by the clerk of court.
The detailed version
- Roberts v. United States · No. 1:18-cv-05625
- Alison Nathan
- May 10, 2022
Background
Marlon Roberts, identified as the petitioner, sought relief from his conviction under 28 U.S.C. § 2255. That statute allows a person convicted in federal court to ask the sentencing court to vacate, set aside, or correct the conviction or sentence. The judgment states that the court’s reasons appeared in a Memorandum Opinion & Order dated May 10, 2022, but that memorandum is not included in the provided text.
Ruling
The court denied Roberts’s motion to vacate his conviction. The judgment does not state the specific grounds for that denial.
The court also ruled that Roberts had not made the required substantial showing that a constitutional right had been denied, so it would not issue a certificate of appealability. A certificate of appealability is a document required for an appeal from this type of federal-court decision. The court further found that any appeal would not be taken in good faith and denied Roberts permission to proceed without paying court fees for purposes of an appeal. The civil case, numbered 18-cv-5625, was closed.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.