Brian v. Burnett
- Rearden
- 1:23-cv-07252
- U.S. District Court · Southern District of New York
- 3
In Harris R. Brian v. Edward Burnett, Judge Rearden denied the habeas petition after adopting an unobjected-to recommendation, allowing refiling after state remedies are exhausted.
Harris R. Brian’s federal challenge to his state-court conviction was denied, but the court stated that he may file another Section 2254 petition after fully exhausting his state-court remedies. Edward Burnett was the respondent.
What happened
Harris R. Brian v. Edward Burnett concerned Brian’s petition challenging his 2021 state-court conviction for second-degree burglary. Brian filed the petition under a federal law allowing challenges to state convictions, and he represented himself. Magistrate Judge Valerie Figueredo recommended denying the petition without prejudice.
The recommendation gave Brian 14 days to object and warned that failing to object could prevent further review. Brian filed no objections and did not request more time. The district court therefore reviewed the recommendation for clear error and found none; the opinion does not independently discuss the underlying grounds for challenging the conviction.
The court adopted the recommendation in full and denied the petition. It stated that Brian may file another petition after fully exhausting his state-court remedies, declined to issue a certificate allowing an appeal, denied fee-free status for an appeal, and directed the Clerk to dismiss the petition and close the case. Judge Jennifer H. Rearden issued the order.
The detailed version
- Brian v. Burnett · No. 1:23-cv-07252
- Rearden
- Dec. 1, 2025
Background
Harris R. Brian, representing himself, filed a petition under 28 U.S.C. § 2254 challenging his 2021 state-court conviction for second-degree burglary. The respondent was Edward Burnett, identified in the opinion as the former Superintendent at Fishkill Correctional Facility. Brian filed the petition on August 14, 2023.
The petition was referred to Magistrate Judge Valerie Figueredo. On October 2, 2023, Judge Figueredo issued a Report and Recommendation advising that the petition be denied without prejudice. The recommendation was mailed to Brian with notice that objections were due within 14 days and that failing to object could prevent him from raising objections on appeal.
Review of the Recommendation
Brian filed no objections and did not request an extension. Because no timely objection was made, Judge Rearden reviewed the recommendation for clear error rather than conducting a fresh review of the disputed issues. The court found no clear error and described the recommendation as well-reasoned and supported by the facts and law. The opinion states that, after Brian fully exhausts his state-court remedies, he may file a new Section 2254 petition; it does not set out the recommendation’s detailed reasoning.
Disposition
The court adopted the Report and Recommendation in its entirety and denied the petition for a writ of habeas corpus. The Clerk was directed to dismiss the petition, mail Brian a copy of the order, and close the case.
The court also declined to issue a certificate of appealability because Brian had not made a substantial showing that a constitutional right was denied. For purposes of an appeal, the court certified that an appeal would not be taken in good faith and denied fee-free appeal status.
Judge
Judge Jennifer H. Rearden signed the order as a United States District Judge.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.