Israel v. State Of New York
- Edgardo Ramos
- 1:16-cv-08541
- U.S. District Court · Southern District of New York
- 2
In Israel v. State Of New York, Judge Ramos denied Israel’s habeas petition and adopted Magistrate Judge Moses’s recommendation.
Daniel Israel’s federal habeas petition was denied, and the case was closed. The State of New York was the respondent.
What happened
Daniel Israel filed a petition for habeas corpus under federal law while representing himself. The court stayed the petition while he pursued a state postconviction motion to exhaust his state remedies; after that motion was denied, the stay was lifted.
Magistrate Judge Barbara Moses recommended denying the petition in its entirety. The parties were given fourteen days to object, but no objections were filed.
Judge Edgardo Ramos found no clear error, adopted the recommendation in its entirety, denied the petition, and directed the Clerk to terminate the petition and close the case.
The detailed version
- Israel v. State Of New York · No. 1:16-cv-08541
- Edgardo Ramos
- July 6, 2020
Background
Daniel Israel filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254 on October 11, 2016. He represented himself. The court stayed the petition while Israel pursued a postconviction motion under New York Criminal Procedure Law § 440.10 in state court to exhaust his state remedies. After the state court denied that motion, the stay was lifted.
Report and Recommendation
On February 4, 2020, Magistrate Judge Barbara Moses issued a report and recommendation recommending that Israel’s petition be denied in its entirety. The report told the parties that they had fourteen days to file written objections and that failing to object would waive objections and prevent appellate review. The order states that more than fourteen days passed without any objection.
Court’s Ruling
Under 28 U.S.C. § 636(b)(1)(C), a district judge may accept, reject, or modify a magistrate judge’s report and recommendation. When no timely objection is made, the district judge may adopt the recommendations unless clear error appears on the face of the record. Judge Edgardo Ramos reviewed Magistrate Judge Moses’s report and found no clear error. He adopted the recommendations in their entirety, denied Israel’s petition, directed the Clerk of Court to terminate the petition, and closed the case.
The order itself does not describe the underlying grounds for Israel’s habeas petition or the report’s substantive analysis.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.