Jaber v. United States
- Colleen McMahon
- 1:18-cv-12047
- U.S. District Court · Southern District of New York
- 2
In Jaber v. United States, Judge McMahon denied Jaber’s Rule 60(b) motion seeking relief from the earlier denial of his motion challenging his convictions and sentence.
Faouzi Jaber’s request for relief from the earlier denial of his motion challenging his convictions and sentence was denied. The United States remains the respondent, and the court declined to issue a certificate of appealability.
What happened
In Jaber v. United States, Faouzi Jaber asked the court to reconsider its earlier decision denying his motion to vacate or set aside his convictions and sentence under a federal law, 28 U.S.C. § 2255.
The court denied Jaber’s motion for relief under Rule 60(b) of the Federal Rules of Civil Procedure. The opinion does not describe the arguments Jaber made in seeking reconsideration.
Judge McMahon also declined to issue a certificate of appealability, finding that Jaber had not made the required substantial showing that a constitutional right was denied. The court further found that any appeal would not be taken in good faith and directed the clerk to terminate the motion.
The detailed version
- Jaber v. United States · No. 1:18-cv-12047
- Colleen McMahon
- Apr. 15, 2024
Background
Faouzi Jaber filed a motion under Rule 60(b) of the Federal Rules of Civil Procedure. Rule 60(b) allows a party to seek relief from a court order in specified circumstances. Jaber asked the court to reverse its earlier decision denying his motion under 28 U.S.C. § 2255 to vacate or set aside his convictions and sentence. The opinion identifies the earlier decision as dated June 14, 2019.
Ruling
The court denied Jaber’s motion for relief from the earlier decision. The opinion does not explain the particular grounds Jaber raised in his Rule 60(b) motion or analyze the underlying § 2255 claims.
The court declined to issue a certificate of appealability because Jaber had not made a substantial showing that a constitutional right was denied. A certificate of appealability is required for an appeal from certain federal post-conviction decisions. The court also found under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The clerk was directed to terminate the motion in docket number 18 CV 12047 (CM). Judge McMahon signed the decision and order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.