Martinez v. Tomes
- 7:19-cv-07651-KMK-PED
- U.S. District Court · Southern District of New York
- 1
In MiguelMartinez v. Superintendent of Sing Sing Correctional Facility, the court dismissed the petition; the judge was not identified.
MiguelMartinez's petition was dismissed, the court declined to issue a certificate of appealability, and the case was closed.
What happened
MiguelMartinez petitioned against the Superintendent of Sing Sing Correctional Facility. The judgment states that the court adopted a recommendation dated November 18, 2022, in full.
The court dismissed the petition. It also declined to issue a certificate of appealability because MiguelMartinez had not made the required substantial showing that a constitutional right was denied.
The court further certified that any appeal would not be taken in good faith and closed the case. The judgment was entered on April 10, 2023; the judge was not identified, although Ruby J. Krajick signed as clerk of court.
The detailed version
- Martinez v. Tomes · No. 7:19-cv-07651-KMK-PED
- Apr. 10, 2023
Background
The opinion is a judgment in a petition brought by MiguelMartinez against the Superintendent of Sing Sing Correctional Facility. It states that the court relied on its April 10, 2023 Order and adopted a November 18, 2022 report and recommendation in its entirety. The text provided does not describe the petition's underlying claims or the reasoning in either the Order or the report and recommendation.
Ruling
The court dismissed the petition. Because MiguelMartinez had not made a substantial showing that a constitutional right was denied, the court ruled that a certificate of appealability would not issue under 28 U.S.C. § 2253(c)(2). A certificate of appealability is a required court authorization for certain appeals from a constitutional petition.
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 it closed the case. The provided judgment does not identify the presiding judge; Ruby J. Krajick signed as clerk of court, with K. Mange signing as deputy clerk.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.