O'Donnell v. The People of the State of New York
- Freeman's
- 1:18-cv-06414
- U.S. District Court · Southern District of New York
- 1
In O'Donnell v. The People of the State of New York, the court denied O'Donnell's habeas petition and closed the case.
O'Donnell's habeas petition was denied, and the case was closed. Any appeal would not receive a certificate of appealability or permission to proceed without paying court fees.
What happened
In O'Donnell v. The People of the State of New York, the court adopted Magistrate Judge Freeman's report and recommendation in full. The opinion text provided does not explain the underlying claims or reasoning.
The court denied O'Donnell's petition for a writ of habeas corpus, meaning the request to challenge the detention or conviction was rejected. It also said no certificate allowing an appeal would issue and denied permission to appeal without paying court fees.
The court certified that an appeal would not be taken in good faith and closed the case. The judgment does not identify the district judge by name.
The detailed version
- O'Donnell v. The People of the State of New York · No. 1:18-cv-06414
- Freeman's
- May 26, 2023
Background
The judgment concerns O'Donnell's petition for a writ of habeas corpus. The judgment states that the court's May 25, 2023 Opinion and Order adopted Magistrate Judge Freeman's report and recommendation in its entirety. The provided text does not describe the petition's underlying claims or the reasoning in that Opinion and Order.
Ruling
The court denied O'Donnell's habeas petition. It determined that O'Donnell had not made the required substantial showing that a constitutional right had been denied, so no certificate of appealability would issue. A certificate of appealability is a document required for an appeal in this type of case.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied permission to appeal without paying court fees, and the case was closed.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.