Guerrero v. F.C.I. Otisville Warden
- Vernon Broderick
- 1:23-cv-00702
- U.S. District Court · Southern District of New York
- 1
In Hermes Suarez Guerrero v. Otisville Warden, Judge Broderick dismissed the petition, denied appeal-related benefits, and closed the case.
Hermes Suarez Guerrero, whose petition was dismissed and whose request to proceed without paying filing fees for an appeal was denied; the case was closed.
What happened
In Hermes Suarez Guerrero v. Otisville Warden, the court entered judgment dismissing Hermes Suarez Guerrero’s petition. The supplied judgment does not explain the petition’s claims or the reasons for dismissal; it refers to a separate Opinion and Order dated July 14, 2023.
The court also stated that the petition did not make a substantial showing that a constitutional right had been denied, so it would not issue a certificate of appealability. It further certified that an appeal would not be taken in good faith and denied permission to proceed without paying filing fees for an appeal.
Judge Vernon Broderick’s court closed the case. The supplied text does not show whether the dismissal reached the petition’s underlying merits or rested on a threshold ground.
The detailed version
- Guerrero v. F.C.I. Otisville Warden · No. 1:23-cv-00702
- Vernon Broderick
- July 14, 2023
Disposition
The judgment states that, for the reasons given in a separate Opinion and Order dated July 14, 2023, the petition was DISMISSED. The supplied text does not include that Opinion and Order, so it does not identify the petition’s claims or the court’s reasoning. The judgment does not state that the dismissal was with or without prejudice.
Appeal-related rulings
The court stated that the petition made no substantial showing of a denial of a constitutional right and therefore ordered that a certificate of appealability would not issue. A certificate of appealability is a document required for certain appeals in federal habeas cases. The court also certified that any appeal would not be taken in good faith and denied permission to proceed without paying filing fees for purposes of an appeal. The case was closed.
Classification note
Based only on the supplied judgment, the petition was dismissed without any merits analysis appearing in the text provided. The classification is therefore treated as a procedural order, but the separate Opinion and Order would be needed to determine the precise basis for dismissal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.