Caban v. United States
- Gregory Woods
- 1:19-cv-10509
- U.S. District Court · Southern District of New York
- 1
In Caban v. United States, Judge Woods denied permission to appeal and appeal-fee relief after denying Caban’s petition.
Luis Caban, whose request for a certificate of appealability and permission to appeal without paying the filing fee were denied.
What happened
In Caban v. United States, the court addressed appeal-related requests following its May 14, 2022 denial of Luis Caban’s petition.
The court found that Caban had not substantially shown that a constitutional right was denied, so it denied a certificate required to appeal the petition’s final denial.
Judge Gregory H. Woods also ruled that any appeal from this order would not be taken in good faith and denied Caban permission to proceed without paying the appeal fee. The clerk was directed to mail Caban a copy of the order.
The detailed version
- Caban v. United States · No. 1:19-cv-10509
- Gregory Woods
- July 8, 2022
Background
On May 14, 2022, the court denied Luis Caban’s petition for federal post-conviction review. This July 8 order addressed whether Caban could appeal that denial and whether he could appeal without paying the filing fee.
Rulings
The court stated that Caban had not made a substantial showing that a constitutional right had been denied. It therefore denied a certificate of appealability under 28 U.S.C. § 2253 concerning the final order denying his petition. A certificate of appealability is the court’s authorization to appeal the denial of this type of petition.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. It therefore denied in forma pauperis status for purposes of an appeal, meaning Caban could not proceed with the appeal without the required filing payment under that status. The clerk was directed to mail Caban a copy of the order.
Disposition
Judge Gregory H. Woods denied the certificate of appealability and denied in forma pauperis status for an appeal. This order addressed appeal-related matters rather than reconsidering the court’s earlier denial of Caban’s petition.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.