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S.D.N.Y.Procedural orderFiled Feb. 14, 2023

Morales v. Collado

Judge
Jesse Furman
Docket
1:21-cv-03177
Court
U.S. District Court · Southern District of New York
Pages
1
HabeasCivil Procedure
In one sentence

In Morales v. Collado, Judge Furman dismissed Morales’s petition, denied a certificate of appealability, and denied permission to appeal without paying fees.

Who this affects

Felix Morales’s petition was dismissed, his certificate of appealability was denied, permission to appeal without paying filing fees was denied, and the case was closed. Jaifa Collado was the named respondent.

What happened

In Morales v. Collado, the court dismissed Felix Morales’s petition against Jaifa Collado. The judgment refers to a separate memorandum dated February 14, 2023, but that memorandum is not included here, so the judgment does not explain why the petition was dismissed.

The court also ruled that Morales had not made the required substantial showing that a constitutional right was denied. It therefore declined to issue a certificate of appealability, meaning the required permission to appeal in this type of case. The court also denied permission to appeal without paying filing fees and closed the case.

Judge Jesse Furman is identified as the judge in the supplied case information. The judgment is dated February 14, 2023, and was entered by the court clerk.

The detailed version

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

Case
Morales v. Collado · No. 1:21-cv-03177
Judge
Jesse Furman
Date
Feb. 14, 2023

Background

Felix Morales filed a petition against Jaifa Collado. The judgment states that the petition was dismissed for the reasons given in the court’s memorandum opinion and order dated February 14, 2023. That memorandum is not part of the supplied text, and the judgment does not identify the petition’s legal basis or explain the grounds for dismissal.

Rulings

The court dismissed Morales’s petition. It also ruled that Morales had not made a substantial showing that a constitutional right was denied and therefore ordered that a certificate of appealability would not issue. A certificate of appealability is permission required to appeal certain federal court decisions.

The court separately certified that any appeal would not be taken in good faith under 28 U.S.C. § 1915(a)(3). It therefore denied Morales permission to appeal without paying filing fees. The judgment states that the case was closed.

Classification note

Based on the supplied judgment alone, this is classified as a procedural order because it records dismissal and related appellate and filing-fee rulings without presenting an analysis of the underlying legal question. The missing memorandum could provide additional information about the basis for dismissal.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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