Green v. Chappius

Background

Avery Green filed a petition for a writ of habeas corpus, a court procedure seeking relief related to custody. Magistrate Judge Judith C. McCarthy issued a Report and Recommendation dated November 27, 2019. The recommendation advised the district court to deny the petition in its entirety.

The docket showed that the Clerk mailed Green a copy of the recommendation on December 13, 2019. Neither party filed objections. The district court explained that it had reviewed the recommendation, the petition, and the parties’ submissions and found no error, including no clear error.

Ruling

Judge Vincent L. Briccetti adopted the Report and Recommendation as the court’s opinion and denied the petition. The order does not explain the underlying reason for denying the petition beyond adopting the recommendation.

The court also ruled that Green had not made the required substantial showing that a constitutional right had been denied, so it would not issue a certificate of appealability. It further certified that an appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The Clerk was directed to enter judgment and close the case.