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S.D.N.Y.Procedural orderFiled Sept. 27, 2022

Lajara Guiterrez v. United States

Docket
1:18-cv-12025-LGS-OTW
Court
U.S. District Court · Southern District of New York
Pages
1
HabeasCriminalCivil Procedure
In one sentence

In Lajara Guiterrez v. United States, the court, whose judge is not identified, denied the petition and refused a certificate of appealability.

Who this affects

The judgment affected Hector Luis Lajara Guiterrez, whose petition was denied, and the United States, in whose favor judgment was entered. The related civil and criminal case numbers were closed.

What happened

Hector Luis Lajara Guiterrez filed a petition in connection with criminal case number 17 CR 462-1. The judgment refers to a separate Opinion and Order dated September 22, 2022, but that ruling is not included here.

The court denied the petition, entered judgment for the United States, and closed civil case 18 Civ. 12025 and criminal case 17 Crim. 462-1. It also said that no certificate allowing an appeal would issue and denied permission to appeal without paying court fees.

The judgment was entered on September 27, 2022, by the court; the opinion text identifies the clerk, Ruby J. Krajick, but does not identify the judge who decided the petition.

The detailed version

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

Case
Lajara Guiterrez v. United States · No. 1:18-cv-12025-LGS-OTW
Date
Sept. 27, 2022

Background

Hector Luis Lajara Guiterrez was the petitioner in civil case 18 CIVIL 12025 (LGS), which was connected to criminal case 17 CR 462-1 (LGS). The judgment states that the court’s reasons appeared in an Opinion and Order dated September 22, 2022. That Opinion and Order is not part of the supplied text, so the specific claims and reasoning are not available here.

Rulings

The judgment denied the petition and entered judgment in favor of the United States. It stated that the petitioner had not made a substantial showing that a constitutional right was denied, so the court would not issue a Certificate of Appealability, which is the permission generally required to appeal certain federal habeas decisions. The court also certified that an appeal on the merits would not be taken in good faith and denied permission to appeal without prepaying court fees. The civil and criminal case numbers listed in the judgment were closed.

Classification note

The supplied judgment does not explain whether the petition was denied after the court reached the underlying legal claims or on a threshold ground. Because the referenced Opinion and Order is unavailable, this summary cannot identify the basis for the denial beyond the judgment’s stated rulings.

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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