Franklin v. FMC Rochester

Background

Gordon Franklin, Jr., filed a petition for a writ of habeas corpus against FMC Rochester. The opinion does not explain the substance of Franklin’s claims. United States Magistrate Judge Dulcie Foster issued a Report and Recommendation on October 19, 2022.

After the Report and Recommendation was filed, Franklin submitted a memorandum on October 31, 2022. Although the memorandum used terms referring to a magistrate judge and a recommendation, the court found that it did not address or object to the recommendation’s substance. The court said the filing instead appeared to repeat Franklin’s initial claims and present a new list of requested relief. Under Local Rule 72.2(b)(1), objections must be specific.

Court’s Review

Because Franklin did not make timely, specific objections, the court reviewed the Report and Recommendation for clear error. Clear-error review asks whether the recommendation contains an obvious mistake. After reviewing it, the court found no clear error.

Rulings

Judge Wilhelmina M. Wright adopted the October 19, 2022 Report and Recommendation. The court denied Franklin’s petition for a writ of habeas corpus, denied his application to proceed without paying filing fees as moot, and dismissed the matter without prejudice. The opinion does not provide the underlying reasons for denying the habeas petition because the adopted Report and Recommendation is not included in the provided text.