Taboada v. United States
- Lewis Liman
- 1:22-cv-08141
- U.S. District Court · Southern District of New York
- 1
In Taboada v. United States, Judge Liman denied a certificate of appealability and permission to appeal without prepaying fees.
Ricardo Taboada, whose request for reconsideration had been denied and whose appeal-related certificate and fee-waiver request were denied; the United States is the respondent.
What happened
In Taboada v. United States, Ricardo Taboada asked the court to reconsider an earlier ruling in his case.
The court had denied that reconsideration request on May 23, 2023, and issued this order to clarify that decision. Taboada had not made the required showing that his constitutional rights were denied.
Judge Liman ruled that no certificate of appealability would issue and that Taboada could not appeal without prepaying court fees. The court also certified that an appeal would not be taken in good faith.
The detailed version
- Taboada v. United States · No. 1:22-cv-08141
- Lewis Liman
- June 23, 2023
Background
On May 23, 2023, the court issued an opinion denying Ricardo Taboada's motion for reconsideration. This order clarified that earlier decision. The opinion does not describe the underlying constitutional claim or the specific grounds for reconsideration.
Rulings
The court stated that Taboada had not made a substantial showing that he was denied a constitutional right. It therefore ruled that a certificate of appealability would not issue. A certificate of appealability is court permission required for certain appeals in post-conviction proceedings.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the reconsideration opinion would not be taken in good faith. Based on that certification, it denied Taboada permission to appeal without prepaying court fees.
Effect
The order clarifies the earlier denial of reconsideration and denies both a certificate of appealability and appeal-related permission to proceed without prepaying fees. It does not describe or reconsider the underlying conviction or explain the merits of Taboada's original claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.