Ramirez v. United States
- Gregory Woods
- 1:22-cv-06981
- U.S. District Court · Southern District of New York
- 1
In Ramirez v. United States, Judge Woods denied Ramirez’s untimely petition, rejected extra time under equitable tolling, and denied appeal-related requests.
Miguel Ramirez and the United States; the ruling also affects Ramirez’s ability to pursue the matter without paying filing fees on appeal and to obtain a certificate of appealability.
What happened
Ramirez v. United States concerned a petition that the court found was filed too late. The court relied on reasons explained in a July 21, 2023 memorandum opinion and order.
The court found that extra time was not justified under equitable tolling, an exception that can extend a filing deadline. It also denied in forma pauperis status for an appeal and denied a certificate of appealability.
Judge Gregory Woods’s court entered judgment for the United States, directed the clerk to terminate the listed motions, and closed the case. The court also certified that an appeal would not be taken in good faith.
The detailed version
- Ramirez v. United States · No. 1:22-cv-06981
- Gregory Woods
- July 24, 2023
Background
The judgment states that the court had issued a memorandum opinion and order on July 21, 2023. The judgment refers to Ramirez’s filing as a petition and states that it was not timely filed. The opinion text provided does not identify the petition’s specific statutory basis.
Ruling
The court denied the petition because it was filed late and because equitable tolling—the legal doctrine that can provide an exception to a filing deadline—was not warranted.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied in forma pauperis status for purposes of an appeal. It also found that Ramirez had not made a substantial showing that a constitutional right was denied and therefore denied a certificate of appealability under 28 U.S.C. § 2253.
Disposition
The clerk was directed to terminate the motion pending at Dkt. No. 671 in Case No. 1:17-cr-290-GHW. The clerk was also directed to terminate all outstanding motions in the civil case, enter judgment for the United States, and close the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.