Stewart v. Collado

Background

Wayne Stewart filed a petition under 28 U.S.C. § 2254 against Jaifa Collado, identified in the caption as Executive Deputy Commissioner of the Department of Corrections and Community Supervision. The opinion does not provide the petition’s underlying claims or explain the recommendation’s merits analysis.

The court had referred the case to Magistrate Judge Henry J. Ricardo for a Report and Recommendation, a document advising the district judge how to resolve the petition. On February 7, 2025, Judge Ricardo recommended that the petition be denied.

Objections and Review

The recommendation advised the parties that they had 14 days to file written objections and warned that failing to object would waive objections and prevent appellate review. Neither party filed objections. The order’s footnote states that Stewart sent several letters requesting extensions, but the court denied his later requests after extending the deadline once. Stewart did not include his objections in those letters, and the court did not receive any objections.

Because there were no objections, Judge Caproni reviewed the recommendation for clear error. The court found no clear error on the face of the record. This order does not independently discuss the underlying grounds for Stewart’s petition.

Disposition

Judge Caproni ordered that the Report and Recommendation be adopted in full and that the petition be denied. The Clerk was directed to mail Stewart a copy of the order using the specified Department of Corrections and Community Supervision procedures and to close the case. The court also stated that the failure to file timely objections precluded appellate review of the decision.