Rios v. Kaplan
- 1:17-cv-00314
- U.S. District Court · Southern District of New York
- 2
In Rios v. Kaplan, the court denied Rios’s objection, found two claims unexhausted, and declined to issue an appeal certificate.
Maria Rios and Saban Kaplan.
What happened
In Rios v. Kaplan, Maria Rios objected to a report and recommendation in her case against Saban Kaplan. The judgment does not describe the underlying claims.
The court denied Rios’s objection in its entirety and adopted the report and recommendation, except that it did not consider the merits of Rios’s second and fourth claims because she had not completed the required process for pursuing them.
The court entered judgment accordingly and, under Judge the court’s ruling, declined to issue a certificate required for Rios to appeal the July 5, 2023 order.
The detailed version
- Rios v. Kaplan · No. 1:17-cv-00314
- July 6, 2023
Background
The judgment concerns Maria Rios’s objection to a report and recommendation in her case against Saban Kaplan. The judgment itself does not describe the underlying claims or the relief Rios sought.
Ruling
The court denied Rios’s objection in its entirety. It adopted the report and recommendation in all respects except for its consideration of the merits of Rios’s second and fourth claims. The court stated that those claims could not be considered because Rios failed to exhaust them, meaning she had not completed the required process for pursuing them before seeking court review. Judgment was entered accordingly.
Appeal Certificate
The court stated that Rios could not appeal the July 5, 2023 order unless a judge issued a certificate of appealability. The court declined to issue that certificate, finding that Rios would not meet the required showing of the denial of a constitutional right. The judgment resolved docket entry number 39.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.