Guadalupe v. Keyser

Background

Jose Guadalupe filed a petition for a writ of habeas corpus, a request for federal court relief from allegedly unlawful custody. Magistrate Judge Paul E. Davison issued a report and recommendation on May 20, 2019, recommending that the petition be denied in its entirety.

Review of the Recommendation

The district court explained that it could accept, reject, or modify the magistrate judge’s recommendation. Neither party filed objections. The court could not confirm that the recommendation had been mailed to Guadalupe’s correct address at first, so it re-mailed the recommendation to Upstate Correctional Facility, where court records showed Guadalupe was housed. The court still received no objections and found no error in the recommendation.

Ruling

Judge Vincent L. Briccetti adopted the report and recommendation as the opinion of the court and denied the habeas petition. The clerk was directed to enter judgment and close the case. The court also ruled that no certificate of appealability would issue because Guadalupe had not made a substantial showing that a constitutional right was denied. It further certified that an appeal would not be taken in good faith and denied permission to appeal without paying court fees.

Classification

This is a procedural order because the court denied the habeas petition by adopting a magistrate judge’s recommendation after clear-error review, without discussing the underlying habeas claim’s merits in this opinion.