Curet v. Graham
- Vernon Broderick
- 1:14-cv-04831
- U.S. District Court · Southern District of New York
- 1
In Curet v. Graham, Judge Broderick ruled that no certificate of appealability should issue after the court denied Curet’s petition.
Jose Curet, whose petition had been denied and whose request for a certificate of appealability was rejected, and Harold Graham, the respondent.
What happened
In Curet v. Graham, Jose Curet asked the federal court for relief through a petition. The court had adopted a magistrate judge’s recommendation that the petition be denied.
Curet objected to that recommendation, but the court considered and rejected his objection in an earlier order dated May 11, 2022. This order addresses whether Curet had shown enough to receive a certificate of appealability, which is required to appeal certain federal rulings.
Judge Broderick found that Curet had not made a substantial showing that a federal right was denied. The court therefore ruled that a certificate of appealability should not issue.
The detailed version
- Curet v. Graham · No. 1:14-cv-04831
- Vernon Broderick
- June 24, 2022
Background
Jose Curet was the petitioner, and Harold Graham was the respondent. The court had previously adopted a magistrate judge’s Report and Recommendation recommending that Curet’s habeas petition—a petition seeking federal relief—be denied. The opinion states that the court considered Curet’s objection and addressed it in an earlier Opinion and Order dated May 11, 2022.
Issue
The issue in this order was whether Curet had made a substantial showing that a federal right had been denied, which would support issuing a certificate of appealability. A certificate of appealability is a document required for an appeal from certain federal habeas rulings.
Ruling
The court found that Curet had not made the required substantial showing. It ruled that a certificate of appealability should not issue. This order does not explain the underlying reasons for denying Curet’s petition; it refers to the earlier ruling adopting the magistrate judge’s recommendation.
Classification
This is a procedural order because it addresses an appeal-related certificate and does not itself decide the underlying petition’s merits.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.