McTiernan v. Tedford
- John Cronan
- 1:21-cv-01543
- U.S. District Court · Southern District of New York
- 1
In McTiernan v. Tedford, Judge Cronan adopted the recommendation, denied McTiernan’s habeas petition, ruled that no appeal certificate would issue, and closed the case.
McTiernan’s habeas petition was denied; Jeffrey Tedford prevailed as the respondent, and the case was closed.
What happened
In McTiernan v. Tedford, the court adopted a magistrate judge’s Report and Recommendation in full and denied McTiernan’s petition challenging custody through a federal habeas case.
The court ruled that McTiernan had not made the required substantial showing that a constitutional right was denied, so it said a certificate of appealability would not issue. The judgment favored Respondent Jeffrey Tedford, and the case was closed.
Judge John Cronan was the assigned judge. The judgment was entered on August 12, 2024, based on the court’s order dated the same day.
The detailed version
- McTiernan v. Tedford · No. 1:21-cv-01543
- John Cronan
- Aug. 12, 2024
Background
McTiernan filed a petition for a writ of habeas corpus, a proceeding asking a federal court to review the legality of custody, against Jeffrey Tedford, identified in the judgment as superintendent of Adirondack Correctional Facility. The judgment states that the court’s reasons were provided in a separate order dated August 12, 2024.
Ruling
The court adopted the Report and Recommendation in its entirety and denied McTiernan’s habeas petition. The judgment does not describe the underlying habeas claims or explain whether the denial rested on the merits or on a procedural ground.
The court also ruled that McTiernan had not made a substantial showing that a constitutional right was denied. Accordingly, it stated that a certificate of appealability would not issue. Judgment was entered in favor of Tedford, and the case was closed.
Disposition
The petition was denied. The court adopted the Report and Recommendation in its entirety, declined to issue a certificate of appealability, entered judgment for the respondent, and closed the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.