Carrion v. McIntosh
- Jesse Furman
- 1:23-cv-07374
- U.S. District Court · Southern District of New York
- 1
In Carrion v. McIntosh, Judge Furman’s court dismissed Carrion’s petition, denied a certificate to appeal, denied fee-free appeal status, and closed the case.
Jose Carrion’s petition was dismissed, and he was denied a certificate of appealability and permission to proceed without paying fees on appeal. The case was closed.
What happened
The judgment in Carrion v. McIntosh concerns Jose Carrion’s petition against Mrs. McIntosh, identified as superintendent of Clinton Correctional Facility.
The court dismissed Carrion’s petition for the reasons given in an Opinion and Order dated April 11, 2024. It also declined to issue a certificate of appealability and denied fee-free appeal status.
Judge Furman presided over the case. The court stated that the case was closed and that any appeal would not be taken in good faith.
The detailed version
- Carrion v. McIntosh · No. 1:23-cv-07374
- Jesse Furman
- May 3, 2024
Ruling
The court entered judgment dismissing Jose Carrion’s petition against Mrs. McIntosh, superintendent of Clinton Correctional Facility. The judgment states that the dismissal was based on the reasons explained in the court’s Opinion and Order dated April 11, 2024; that earlier opinion is not included in the provided text.
The court also ruled that a certificate of appealability would not issue because Carrion had not made a substantial showing that a constitutional right was denied. A certificate of appealability is a document required for certain appeals in these proceedings. The court further certified that any appeal would not be taken in good faith and denied Carrion permission to proceed without paying the required fees. The case was closed.
Disposition
Petition dismissed. Certificate of appealability denied. Permission to proceed without paying fees on appeal denied. Case closed. Judge Furman is identified as the judge supplied for this case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.