Carmichael v. Rockwood
- Kenneth Karas
- 7:20-cv-10622
- U.S. District Court · Southern District of New York
- 1
Carmichael v. Annucci: Judge Karas dismissed the petition, adopted the earlier recommendation, declined a certificate of appealability, and closed the case.
The dismissal affected petitioner Drayvon Carmichael; respondent Anthony J. Annucci was the opposing party. The court also determined that no certificate of appealability would issue and certified that an appeal would not be taken in good faith.
What happened
In Carmichael v. Annucci, the court entered judgment after adopting in full a recommendation dated December 23, 2022. The opinion does not explain the underlying claims or the recommendation’s reasoning.
The court dismissed the petition. It also stated that no certificate of appealability would issue because the petitioner had not made the required substantial showing that a constitutional right was denied.
Judge Karas’s court certified that any appeal would not be taken in good faith and closed the case. The judgment is dated April 10, 2023.
The detailed version
- Carmichael v. Rockwood · No. 7:20-cv-10622
- Kenneth Karas
- Apr. 10, 2023
Background
The opinion is a judgment in a petition filed by Drayvon Carmichael against Anthony J. Annucci. It refers to an earlier recommendation dated December 23, 2022, and to the Court’s order dated April 10, 2023. The provided judgment does not describe the petition’s claims or the recommendation’s reasoning.
Ruling
The court adopted the recommendation in its entirety and dismissed the petition. It stated that Carmichael had not made a substantial showing that a constitutional right had been denied, so a certificate of appealability would not issue. A certificate of appealability is court authorization required for certain appeals in these proceedings.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith, and the case was closed. The judgment was dated April 10, 2023, and the document was signed by the clerk of court rather than by Judge Karas.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.