Freeman v. Griffin
- Loretta Preska
- 1:16-cv-05419
- U.S. District Court · Southern District of New York
- 2
In Freeman v. Griffen, Judge Preska denied Freeman’s habeas petition, denied a certificate of appealability, and closed the case.
Damon Freeman’s federal habeas petition was denied, and the case was closed. The court also denied a certificate of appealability and denied pending motions as moot.
What happened
In Freeman v. Griffen, Damon Freeman asked the federal court to review his detention through a habeas petition under federal law.
A magistrate judge recommended denying the petition. No party objected, so the court reviewed the recommendation for clear error rather than conducting a full merits review.
Senior U.S. District Judge Loretta A. Preska adopted the recommendation, denied the petition, denied a certificate of appealability, and directed the Clerk to close the case and deny pending motions as moot.
The detailed version
- Freeman v. Griffin · No. 1:16-cv-05419
- Loretta Preska
- Mar. 23, 2020
Background
Damon Freeman filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. On July 30, 2019, Magistrate Judge Barbara Moses issued a Report and Recommendation advising that the petition be denied.
Review of the Recommendation
The parties had fourteen days to object, but no objections were filed. The court therefore reviewed the record and the Report and Recommendation for clear error. The court found no clear error and adopted the recommendation in its entirety as the court’s opinion.
Ruling
Senior U.S. District Judge Loretta A. Preska denied Freeman’s habeas petition. The court also denied a certificate of appealability because Freeman had not shown a denial of a constitutional right. The Clerk was directed to mail Freeman a copy of the order, close the action, and deny all pending motions as moot.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.