Campbell v. McCarthy
- Alison Nathan
- 1:19-cv-02980
- U.S. District Court · Southern District of New York
- 1
In Campbell v. McCarthy, Judge Nathan dismissed Campbell’s § 2254 petition after finding no clear error in an unobjected-to recommendation.
Devaughn Campbell, whose § 2254 petition was dismissed; the court also denied him a certificate of appealability and permission to appeal without paying court fees.
What happened
In Campbell v. McCarthy, Devaughn Campbell filed a petition under § 2254 against Timothy McCarthy, identified as superintendent of Auburn Correctional Facility.
No objections were filed to the magistrate judge’s Report and Recommendation, and the objection deadline passed. The court reviewed the recommendation for clear error and found none.
Judge Alison Nathan adopted the recommendation in full and dismissed the petition. The court also declined to issue a certificate of appealability and denied permission to appeal without paying court fees; the case was closed.
The detailed version
- Campbell v. McCarthy · No. 1:19-cv-02980
- Alison Nathan
- Jan. 22, 2021
Background
Devaughn Campbell was the petitioner, and Timothy McCarthy, identified as superintendent of Auburn Correctional Facility, was the respondent. Campbell filed a petition under 28 U.S.C. § 2254. The opinion excerpt does not describe the petition’s underlying claims or the reasoning in the Report and Recommendation.
Court’s Review
The court stated that no objections to the Report and Recommendation had been filed and that the deadline for objections had passed. It reviewed the recommendation for clear error, meaning an obvious mistake, and found none. The court adopted the recommendation in its entirety.
Ruling
Judge Alison Nathan dismissed Campbell’s § 2254 petition. The court stated that Campbell had not made a substantial showing that a constitutional right was denied, so it would not issue a certificate of appealability, which is required for certain federal habeas appeals. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without paying court fees. The case was closed.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.