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S.D.N.Y.Procedural orderFiled May 18, 2021

Ramos De La Rosa v. Department of Homeland Security

Judge
Lorna Schofield
Docket
1:20-cv-10038
Court
U.S. District Court · Southern District of New York
Pages
2
HabeasMotion to DismissCivil Procedure
In one sentence

In Ramos De La Rosa v. Department of Homeland Security, Judge Schofield dismissed the petition after finding no clear error in the recommended dismissal.

Who this affects

The order ended Jonathan Silvano Ramos De La Rosa’s petition against the Department of Homeland Security and closed the case.

What happened

Jonathan Silvano Ramos De La Rosa filed a petition under 28 U.S.C. § 2241. The matter was sent to Magistrate Judge Sarah L. Cave, who recommended dismissing it for failure to state a claim.

Neither side timely objected to the recommendation. The district court therefore reviewed the record for clear error and found none.

Judge Lorna G. Schofield adopted the recommendation, dismissed the petition, and directed the Clerk of Court to close the case.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Ramos De La Rosa v. Department of Homeland Security · No. 1:20-cv-10038
Judge
Lorna Schofield
Date
May 18, 2021

Background

Jonathan Silvano Ramos De La Rosa filed a petition under 28 U.S.C. § 2241, a federal procedure for challenging unlawful custody or detention, on December 1, 2020. The case was referred to Magistrate Judge Sarah L. Cave.

Report and Recommendation

On April 30, 2021, Judge Cave issued a report and recommendation advising that the petition be dismissed for failure to state a claim. The deadline for objections was fourteen days after service of the report, but no timely objections were filed.

Court’s Analysis and Ruling

When no timely objection is filed, the district judge reviews the recommendation for clear error on the face of the record. The court found no clear error concerning the recommendation to dismiss. Judge Lorna G. Schofield adopted the report and recommendation, dismissed the petition, and directed the Clerk of Court to close the case. The opinion does not state that the dismissal was with or without prejudice.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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