Mendez v. Kallis

Background

Raphael Mendez, proceeding without a lawyer, filed a petition under 28 U.S.C. § 2241, a statute that allows a person in federal custody to challenge the legality of that custody. The case named Warden S. Kallis and Unit Team 2, among others, as respondents. Mendez also asked the court to invite a representative from the United States Attorney’s Office to visit the Federal Medical Center at Rochester to view his living conditions and assess his medical condition. He separately requested an evidentiary hearing.

United States Magistrate Judge Hildy Bowbeer issued a September 28, 2020 Report and Recommendation recommending that the petition be denied, both additional requests be denied, and Unit Team 2 be dismissed as a respondent. Mendez filed timely objections.

Court’s analysis

The district court explained that it reviews the portions of a magistrate judge’s recommendation that are specifically challenged without deferring to the earlier decision. It reviews unchallenged portions for clear error, meaning an obvious mistake. Because Mendez was representing himself, the court read his objections liberally.

The court concluded that Mendez’s objections either lacked sufficient specificity or lacked legal merit. After reviewing the Report and Recommendation, the court found that it was neither clearly erroneous nor contrary to law. The opinion does not provide a separate explanation of the underlying habeas claim or state the specific reason the petition was denied.

Disposition

The court overruled Mendez’s objections and adopted the September 28, 2020 Report and Recommendation. Judge Wilhelmina M. Wright ordered that Mendez’s § 2241 petition be denied, denied his motion inviting a United States Attorney’s Office representative to visit the medical center, denied his request for an evidentiary hearing, and dismissed Unit Team 2. The court also ordered that the case be dismissed.