Steward v. Napoli

Background

Anthony Steward filed a petition under 28 U.S.C. § 2254, a federal procedure for challenging a state-court conviction or custody. He challenged convictions, entered after a jury trial, for attempted assault in the first degree, assault in the third degree, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, intimidating a witness, and two counts of criminal contempt in the second degree. The opinion identifies Steward as representing himself.

Motions and Recommendation

The respondent moved to dismiss the petition on the ground that Steward’s claims were unexhausted, meaning they had not been presented through the required state-court process. The motion originally addressed claims one through four, but the court considered it in light of Steward’s proposed amendments. Steward sought to amend two claims and add two more claims. He also sought immediate release or bail.

On July 31, 2025, Magistrate Judge Jennifer E. Willis recommended that the court grant dismissal of claims one through four without prejudice; dismiss claims five through fifteen without prejudice; grant Steward’s motion to amend; and deny his motion for release or bail. The parties had fourteen days to object, but neither party filed an objection.

Ruling

After reviewing the record for clear error, Judge Ronnie Abrams adopted the Report and Recommendation in its entirety. The court granted the motion to dismiss in its entirety without prejudice, granted Steward’s motion to amend, and dismissed Steward’s motion for release or bail. The court directed the clerk to terminate the pending motions and close the case. The opinion also states that the parties’ failure to object waived and precluded appellate review of the decision.