Olsen v. Doldo

Background

Thomas Patrick Olsen, proceeding without a lawyer, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. A habeas petition under that statute seeks federal review of a state conviction. Olsen challenged his November 2011 New York state-law convictions for attempted rape in the first degree, sexual abuse in the first degree, and assault in the second degree. The respondents were Nunzio E. Doldo, identified as Superintendent, and Tina Stanford of the New York State Board of Parole.

Report and Recommendation

On January 2, 2020, Magistrate Judge Debra Freeman recommended that the court dismiss the petition in its entirety. Neither Olsen nor the respondents filed objections. When no objection is filed, a district court may adopt the magistrate judge’s recommendation if the record shows no clear error. The court also noted that failing to object generally waives appellate review of the recommendation.

Ruling

The court reviewed Judge Freeman’s report for clear error and found none. Judge Ronnie Abrams adopted the report in its entirety. The court denied the petition and dismissed the action. It also declined to issue a certificate of appealability because the petition did not make a substantial showing that a constitutional right had been denied. The Clerk was directed to mail the order to Olsen and close the case.

What the Opinion Does Not Explain

This order does not itself describe the specific reasons Judge Freeman recommended dismissal; it adopts the earlier report without separately analyzing the petition’s claims.