Holmes v. Miller
- 1:22-cv-06388
- U.S. District Court · Southern District of New York
- 1
In MarvinHolmes v. Miller, the court denied the habeas petition and related appeal requests; the judge is not identified.
MarvinHolmes’s habeas petition and ability to pursue an appeal without a certificate of appealability or without paying court fees were affected; the case was closed.
What happened
In MarvinHolmes v. Miller, the court adopted an earlier report and recommendation in full and denied MarvinHolmes’s habeas petition.
The court also denied a certificate of appealability, finding that MarvinHolmes had not shown a denial of a constitutional right. It further denied permission to appeal without paying court fees after certifying that an appeal would not be taken in good faith.
The case was closed. The opinion does not identify the judge; the judgment is dated August 8, 2023.
The detailed version
- Holmes v. Miller · No. 1:22-cv-06388
- Aug. 8, 2023
Ruling
The court adopted the Report and Recommendation in its entirety as the court’s opinion and denied the habeas corpus petition. The judgment states that MarvinHolmes had not demonstrated a denial of a constitutional right.
Appeal-related rulings
The court denied a certificate of appealability, which is required to pursue an appeal from certain habeas decisions. It also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore denied permission to appeal without paying court fees. The case was closed.
Scope of the provided text
The judgment refers to an August 8, 2023 order and an adopted Report and Recommendation, but those documents and the underlying habeas arguments are not included in the provided text. The judge’s name is not identified; the document is signed by Ruby J. Krajick as Clerk of Court.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.