Gabbidon v. Lee
- 7:18-cv-02248
- U.S. District Court · Southern District of New York
- 1
Gabbidon v. Lee: the court denied Gabbidon’s habeas petition, declined a certificate of appealability, and closed the case.
Craig E. Gabbidon, whose habeas petition was denied and whose request to appeal without paying filing fees was denied; William A. Lee was the respondent.
What happened
Gabbidon v. Lee concerned Craig E. Gabbidon’s petition asking the federal court to grant habeas relief. The judgment does not state the underlying facts or legal claims.
The court adopted a report and recommendation as its opinion and denied the petition. It also stated that a certificate of appealability would not issue, meaning Gabbidon could not obtain that certificate for an appeal.
The court further denied permission to appeal without paying filing fees, certified that an appeal would not be taken in good faith, and closed the case. The judgment is dated May 16, 2022; no judge is identified in the provided text.
The detailed version
- Gabbidon v. Lee · No. 7:18-cv-02248
- May 16, 2022
What the case was about
Craig E. Gabbidon filed a petition for a writ of habeas corpus against William A. Lee, identified in the caption as superintendent of Eastern Correctional Facility. The provided judgment does not describe Gabbidon’s underlying claims, the report and recommendation’s reasoning, or the court’s analysis.
Rulings
The court stated that, for the reasons in its May 16, 2022 order, it adopted the report and recommendation as the court’s opinion. It denied the petition for a writ of habeas corpus.
The court also stated that Gabbidon had not made a substantial showing that a constitutional right was denied, so a certificate of appealability would not issue. A certificate of appealability is a required authorization for an appeal in this type of case.
The court certified that any appeal would not be taken in good faith under 28 U.S.C. § 1915(a)(3) and denied permission to appeal without paying filing fees. The case was closed.
What is unclear from the provided text
The judgment does not reveal whether the habeas petition was denied on the merits or on a procedural ground. Because the provided text contains no merits analysis and only refers to a separate order and report and recommendation, this summary cannot identify the basis for denying the petition.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.