Kemp v. McCarthy
- Laura Swain
- 1:24-cv-00504
- U.S. District Court · Southern District of New York
- 1
In Kemp v. McCarthy, Judge Swain directed the petition be filed in a prior related case, administratively closed this case, and denied appeal-related requests.
Gary Kemp’s petition was directed to be filed in a prior related proceeding, and this action was administratively closed. The order also affected Kemp’s ability to appeal by denying a certificate of appealability and fee-free status for the appeal.
What happened
In Kemp v. McCarthy, Gary Kemp filed a petition against Kevin McCarthy. The order directed the Clerk of Court to file the original petition as the second amended petition in a prior related proceeding.
The order did not address the petition’s underlying legal claims. Instead, it directed that this action be administratively closed. The court also stated that the petition did not substantially show a constitutional-right violation, so no certificate allowing an appeal would issue.
Judge Laura Taylor Swain further certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The order was dated March 4, 2024.
The detailed version
- Kemp v. McCarthy · No. 1:24-cv-00504
- Laura Swain
- Mar. 4, 2024
What the Court Ordered
The court directed the Clerk of Court to file Gary Kemp’s original petition as the second amended petition in a prior related proceeding. The court also directed the Clerk to administratively close Kemp v. McCarthy.
Appeal-Related Rulings
The court stated that the petition did not make a substantial showing that a constitutional right had been denied. As a result, it ordered that a certificate of appealability would not issue. A certificate of appealability is a court document required for certain appeals from habeas proceedings.
The court also certified that any appeal from the order would not be taken in good faith. It therefore denied Kemp permission to proceed without paying filing fees for an appeal.
Disposition
The order administratively closed this action, directed that the petition be filed in the prior related proceeding, stated that no certificate of appealability would issue, and denied fee-free status for purposes of an appeal. The order did not decide the underlying claims in the petition.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.