Murphy v. United States
- Jed Rakoff
- 1:21-cv-00112
- U.S. District Court · Southern District of New York
- 1
In Murphy v. United States, Judge Rakoff dismissed Murphy’s habeas petition with prejudice and denied a certificate of appealability and permission to appeal without paying fees.
Derick Murphy’s habeas petition was dismissed with prejudice. The United States prevailed as the respondent, and Murphy was denied a certificate of appealability and permission to appeal without paying court fees.
What happened
Derick Murphy filed a habeas petition against the United States, but the judgment does not explain the petition’s specific claims or arguments.
The court adopted a report and recommendation and dismissed Murphy’s petition with prejudice. It also declined to issue a certificate of appealability and denied permission to appeal without paying court fees.
Judge Jed Rakoff’s court entered the judgment on June 10, 2022, based on the reasons stated in an order and the adopted report and recommendation; those materials are not included here.
The detailed version
- Murphy v. United States · No. 1:21-cv-00112
- Jed Rakoff
- June 10, 2022
Background
Derick Murphy was the petitioner and the United States was the respondent. The judgment concerns Murphy’s habeas petition, a court filing seeking relief from a federal conviction or custody. The judgment itself does not describe the petition’s claims, the government’s response, or the reasons for seeking relief.
Ruling
The court adopted the report and recommendation and dismissed Murphy’s habeas petition with prejudice. The judgment states that this result was based on the reasons given in the court’s June 10, 2022 order and in the report and recommendation, but those materials are not included in the provided text.
The court also ruled that no certificate of appealability would issue because Murphy had not made a substantial showing that a constitutional right was denied. In addition, the court certified that any appeal would not be taken in good faith and denied permission to proceed without paying court fees.
Effect
The provided judgment ends the habeas proceeding with the petition dismissed with prejudice. It does not explain the underlying legal issues or whether the dismissal rested on the merits or on a procedural ground. Judge Jed Rakoff is identified as the judge, although the judgment document itself is signed by the clerk of court.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.