Stone v. Annucci
- Valerie Caproni
- 1:17-cv-08741
- U.S. District Court · Southern District of New York
- 1
In Stone v. Annucci, Judge Caproni adopted the report, denied Stone permission to appeal without paying fees, and closed the case after no objections.
Stone’s case was closed, and Stone was denied permission to appeal without paying filing fees. The judgment also stated that appellate review was precluded because no objections were filed.
What happened
In Stone v. Annucci, the court adopted a magistrate judge’s report and recommendation in full after finding no clear error in the analysis or conclusions discussed in the court’s November 5, 2020 order. The opinion says Stone filed no objections, despite receiving adequate warning about the consequences.
The court stated that Stone’s failure to object prevented further appellate review. It also certified that any appeal would not be taken in good faith and denied permission to proceed on appeal without paying filing fees.
Judge Valerie Caproni’s judgment closed the case. The provided judgment does not state what underlying relief the report and recommendation addressed.
The detailed version
- Stone v. Annucci · No. 1:17-cv-08741
- Valerie Caproni
- Nov. 6, 2020
Background
The judgment concerns Stone’s case against Thomas Griffin, identified in the caption as superintendent. The court referred to an earlier order dated November 5, 2020 and to a report and recommendation prepared by Judge Parker. The provided judgment does not describe the underlying claims or the recommendation’s substantive result.
Court’s Action
The court adopted the report and recommendation in full, stating that it found no clear error in Judge Parker’s analysis or conclusions. The judgment states that Stone received adequate warning about the consequences of failing to object but filed no objections. Based on that failure, the court ruled that appellate review of the decision was precluded.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to proceed without paying filing fees for purposes of an appeal and closed the case.
Limitations of the Provided Text
The judgment does not state the underlying legal issue, the report and recommendation’s specific disposition, or whether the court reached the merits of Stone’s claims. The supplied case name is Stone v. Annucci, while the opinion caption identifies the respondent as Thomas Griffin.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.