Escribano v. United States
- Laura Swain
- 1:22-cv-03010
- U.S. District Court · Southern District of New York
- 1
In Escribano v. United States, Judge Swain denied Zaie Escribano’s 28 U.S.C. § 2255 motion entirely and declined a certificate of appealability.
Zaie Escribano’s § 2255 motion was denied in its entirety; the United States was the respondent. The civil case was closed, and the court declined to issue a certificate of appealability.
What happened
Escribano v. United States concerns Zaie Escribano’s motion under 28 U.S.C. § 2255, a procedure for challenging a federal conviction or sentence. The judgment states that the motion was denied in its entirety for the reasons given in a separate memorandum order dated December 30, 2022.
The court declined to issue a certificate of appealability, which is generally required before appealing this type of ruling. It also certified that any appeal would not be taken in good faith and closed the civil case.
Judge Laura Swain was identified as the judge in the case information. The supplied judgment does not explain the underlying reasons for denying the motion because it refers to a separate memorandum order that is not included here.
The detailed version
- Escribano v. United States · No. 1:22-cv-03010
- Laura Swain
- Dec. 30, 2022
Background
Zaie Escribano, identified as the movant or petitioner, filed a motion under 28 U.S.C. § 2255 in connection with criminal case No. 16 Cr. 826 (LTS). Section 2255 provides a way for a person in federal custody to challenge a conviction or sentence.
Ruling
The judgment states that, for the reasons in the court’s memorandum order dated December 30, 2022, Escribano’s § 2255 motion was denied in its entirety. The supplied text does not include that memorandum order and therefore does not state the court’s reasoning or identify whether the denial rested on the merits or on a threshold ground.
The court declined to issue a certificate of appealability. It also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The judgment states that civil case No. 22 CV 3010 was closed.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.