Griffin v. Warden
- Alison Nathan
- 1:20-cv-01707
- U.S. District Court · Southern District of New York
- 2
In Griffin v. Warden, Judge Nathan dismissed Griffin’s habeas petition after adopting a magistrate judge’s recommendation and finding no clear error.
Jeremiah Griffin’s § 2241 petition was dismissed; the Warden was the respondent.
What happened
In Griffin v. Warden, Jeremiah Griffin asked the court to review his detention through a federal habeas petition. The opinion does not explain the underlying reasons for his petition because it refers to a separate report and recommendation.
No objections were filed by the deadline. The court therefore reviewed the magistrate judge’s recommendation for clear error, meaning an obvious mistake in the record, and found none. It adopted the recommendation in full and dismissed the petition.
Judge Alison J. Nathan also declined to issue a certificate allowing an appeal and denied permission to proceed without paying fees for an appeal. She directed the clerk to send Griffin the order and recommendation and to close the case.
The detailed version
- Griffin v. Warden · No. 1:20-cv-01707
- Alison Nathan
- Jan. 22, 2021
Background
Jeremiah Griffin filed a petition under 28 U.S.C. § 2241, a federal procedure for challenging certain forms of custody. The court had before it Judge Cave’s Report and Recommendation, which recommended dismissing the petition without leave to replead. The opinion does not include the report’s analysis or explain the underlying basis for the petition.
Review of the Recommendation
The court explained that when a magistrate judge issues a report and recommendation, the district judge may accept, reject, or modify it. If a party objects, the district judge reviews the challenged portions independently. If no timely objections are filed, the district judge reviews the recommendation for clear error—an obvious mistake after reviewing the record.
No objections were filed, and the objection deadline had passed. The court found no clear error, adopted the Report and Recommendation in its entirety, and dismissed Griffin’s § 2241 petition for the reasons stated in that report.
Other Rulings and Disposition
The court ruled that Griffin had not made the required substantial showing that a constitutional right was denied, so it would not issue a certificate of appealability. It also certified that an appeal would not be taken in good faith and denied permission to proceed without paying filing fees for purposes of an appeal. The clerk was directed to mail Griffin the order and the Report and Recommendation and to close the case.
Judge Alison J. Nathan signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.