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S.D.N.Y.Procedural orderFiled June 29, 2022

Giordano v. Cynthia Brann, Commissioner, NYC Department of Correction

Judge
Alvin Hellerstein
Docket
1:21-cv-07623
Court
U.S. District Court · Southern District of New York
Pages
1
HabeasCivil Procedure
In one sentence

In Giordano v. Brann, Judge Hellerstein denied Giordano’s petition and declined to issue a certificate allowing an appeal.

Who this affects

Devin Giordano, whose petition was denied and whose case was closed; Cynthia Brann was the respondent.

What happened

In Giordano v. Brann, Devin Giordano filed a petition against Cynthia Brann, the respondent. The judgment does not explain the petition’s claims or the facts behind it.

The court denied the petition for the reasons stated in its June 28, 2022 order, which is not included in the provided text. The court also declined to issue a certificate of appealability, meaning a document required for an appeal in this type of matter, and closed the case.

Judge Alvin Hellerstein is identified as the judge. The judgment was entered on June 29, 2022, by the clerk of the court.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Giordano v. Cynthia Brann, Commissioner, NYC Department of Correction · No. 1:21-cv-07623
Judge
Alvin Hellerstein
Date
June 29, 2022

Background

Devin Giordano was the petitioner, and Cynthia Brann was the respondent. The provided document is a judgment stating that Giordano filed a petition. It does not describe the petition’s claims, the underlying facts, or the arguments made by either side.

Ruling

The judgment states that, for the reasons given in the court’s June 28, 2022 order, “the petition is denied.” That earlier order is not included in the provided opinion text, so the basis for denying the petition cannot be determined from this document alone.

The court also declined to issue a certificate of appealability after finding no substantial showing that a constitutional right had been denied. A certificate of appealability is required for an appeal in this type of case. The judgment states that the case was closed.

Effect

The petition was denied, no certificate of appealability was issued, and the case was closed. The judgment does not state whether the petition was denied on the merits or on a procedural ground.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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