Lopez v. Capra
- Carter
- 1:18-cv-04392
- U.S. District Court · Southern District of New York
- 1
In Lopez v. Capra, Judge Carter did not grant a certificate of appealability because Lopez had not substantially shown a constitutional-right violation.
Baldemiro Lopez was not granted a certificate of appealability after the court found that he had not made a substantial showing of a constitutional-right violation.
What happened
In Lopez v. Capra, Baldemiro Lopez had previously petitioned for a court order challenging his custody, and the court had denied that petition.
The court said Lopez had not made a substantial showing that his constitutional rights had been violated. A certificate of appealability, which is required to appeal certain habeas decisions, therefore was not granted.
Judge Andrew L. Carter, Jr. ordered that the Clerk of Court mail a copy of the order to Lopez, whom the order identifies as representing himself.
The detailed version
- Lopez v. Capra · No. 1:18-cv-04392
- Carter
- Dec. 22, 2022
Background
Baldemiro Lopez previously filed a petition for a court order challenging his custody. The opinion states that the court denied that petition in an earlier Opinion and Order.
Court’s Reasoning
The court stated that Lopez had not made a substantial showing that he was denied a constitutional right. On that basis, the court concluded that a certificate of appealability should not be granted. A certificate of appealability is permission to appeal a habeas-corpus decision.
Disposition
The court did not grant a certificate of appealability. Judge Andrew L. Carter, Jr. also directed the Clerk of Court to mail a copy of the order to Lopez, whom the order identifies as proceeding without a lawyer.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.