Bush v. People of The State of New York
- Laura Swain
- 1:22-cv-03045
- U.S. District Court · Southern District of New York
- 1
In Bush v. People of The State of New York, Judge Swain denied Bush’s habeas petition after he failed to file the required amended petition.
Steven Bush’s habeas petition was denied for failure to file the required amended petition. The court also denied a certificate of appealability and permission to appeal without paying filing fees.
What happened
Bush v. People of The State of New York involved Steven Bush’s petition asking for federal review of his detention or conviction. The court had ordered him to file an amended petition within 60 days and warned that failing to do so would result in denial.
Bush did not file the amended petition. The court therefore denied the habeas petition. It also ruled that no certificate of appealability would issue because the petition did not substantially show a violation of a constitutional right.
Judge Laura Taylor Swain signed the order. The court also denied permission to appeal without paying filing fees, finding that an appeal would not be taken in good faith.
The detailed version
- Bush v. People of The State of New York · No. 1:22-cv-03045
- Laura Swain
- July 14, 2022
Background
Steven Bush filed a petition for a writ of habeas corpus, a request for a federal court to review the legality of his custody. On May 2, 2022, the court directed Bush to file an amended petition within 60 days. The order warned that failure to comply would result in denial of the petition.
Court’s ruling
Bush did not file an amended petition. The court therefore denied the petition.
The court also ruled that a certificate of appealability would not issue because the petition did not make a substantial showing that Bush’s constitutional rights had been denied. A certificate of appealability is required for an appeal from the denial of certain habeas petitions.
The court further certified that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The opinion does not address the underlying merits of Bush’s habeas claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.