Washington v. Griffin

Background

Phillip Washington filed a petition for habeas relief without a lawyer on May 16, 2017. Thomas Griffin, identified as the superintendent, filed a brief opposing the petition, and Washington filed a reply.

Magistrate Judge’s Recommendation

The matter had been referred to a magistrate judge for a habeas-corpus proceeding. On December 23, 2019, Magistrate Judge Cave issued a Report and Recommendation advising that the petition be dismissed in its entirety.

District Court’s Review and Ruling

The district court stated that, when no timely objection is made to a magistrate judge’s recommendation, the district court reviews the record for clear error. The opinion states that the Report and Recommendation was reviewed under that standard and that no clear error was found. The opinion does not explain the underlying reasons for the recommended dismissal because it does not include the Report and Recommendation’s analysis.

Judge Lorna G. Schofield adopted the Report and Recommendation in full and dismissed the petition in its entirety. The court also declined to issue a certificate of appealability under 28 U.S.C. § 2253 because Washington had not made the required substantial showing that a constitutional right was denied. The Clerk of Court was directed to mail Washington a copy of the order.