Romero v. United States
- Lorna Schofield
- 1:22-cv-01853
- U.S. District Court · Southern District of New York
- 1
In Zelaya-Romero v. United States, Judge Schofield denied the petition and evidentiary-hearing motion and refused a certificate of appealability.
Ludwig Criss Zelaya-Romero’s petition and request for an evidentiary hearing were denied; judgment was entered in favor of the United States, and civil case number 22cv1853 was closed.
What happened
In Zelaya-Romero v. United States, the court entered judgment for the United States and denied Ludwig Criss Zelaya-Romero’s petition. The judgment refers to an opinion and order dated April 19, 2023, but that opinion is not included here.
The court also denied the request for an evidentiary hearing. It declined to issue a certificate of appealability because the petitioner had not made the required showing that a constitutional right was denied.
Judge Lorna Schofield’s judgment also states that an appeal on the merits would not be considered to have been taken in good faith. The related civil case, number 22cv1853, was closed.
The detailed version
- Romero v. United States · No. 1:22-cv-01853
- Lorna Schofield
- Apr. 19, 2023
Disposition
The court entered judgment in favor of the United States. It denied the petition and denied the motion for an evidentiary hearing. The judgment does not specify the petition’s grounds, and the opinion and order giving the reasons for the rulings was not provided.
Appeal
The court stated that the petitioner had not made a substantial showing that a constitutional right was denied. It therefore declined to issue a certificate of appealability, which is required for certain appeals involving constitutional claims. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the judgment on the merits would not be taken in good faith.
Case Status
The judgment was entered for the United States, and civil case number 22cv1853 was closed. The supplied judgment does not explain whether the petition was denied after the court reached its merits or on a threshold ground.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.