McKinley v. The People of the State of N.Y.
- Loretta Preska
- 1:17-cv-00214
- U.S. District Court · Southern District of New York
- 2
In McKinley v. People of New York, Judge Preska denied Christopher McKinley’s habeas petition and a certificate of appealability.
Christopher McKinley’s federal habeas petition was denied, and the action was closed. The opinion does not provide enough detail to identify how the ruling affects the respondents beyond ending this federal action.
What happened
In McKinley v. The People of the State of N.Y., Christopher McKinley sought federal review of his state-court case through a petition under 28 U.S.C. § 2254.
Magistrate Judge Barbara Moses recommended denying the petition. The parties had 14 days to object, but no objections were filed.
Senior Judge Loretta A. Preska found no clear error, adopted the recommendation in full, denied the petition, denied a certificate of appealability, and directed that the case be closed.
The detailed version
- McKinley v. The People of the State of N.Y. · No. 1:17-cv-00214
- Loretta Preska
- Mar. 31, 2021
Background
Christopher McKinley filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. The opinion does not describe the underlying claims or the state-court proceedings in detail.
Report and Recommendation
On November 22, 2019, Magistrate Judge Barbara Moses recommended that the court deny McKinley’s petition in its entirety. The parties were given 14 days to object, and no objections were filed.
When no timely objection is made to a magistrate judge’s report and recommendation, the district court reviews the record for clear error on its face. Senior Judge Loretta A. Preska conducted that review and found no clear error.
Ruling
Judge Preska adopted Magistrate Judge Moses’s report and recommendation in its entirety as the court’s opinion. The court therefore denied McKinley’s habeas petition. It also denied a certificate of appealability because McKinley had not shown a denial of a constitutional right. The court directed that the action be marked closed.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.