Green v. Schneiderman
- Vincent Briccetti
- 7:15-cv-02825
- U.S. District Court · Southern District of New York
- 3
Green v. James: Judge Briccetti denied Green’s petition challenging his custody after finding no clear error in the magistrate judge’s recommendation.
Marcus Green’s petition was denied, judgment was entered, the case was closed, no certificate of appealability was issued, and permission to appeal without paying court fees was denied.
What happened
In Marcus Green v. Letitia James, Marcus Green, representing himself, asked the court to review his custody through a habeas petition. A magistrate judge recommended denying the petition in full.
Green asked for more time to object to that recommendation, and the court granted extensions. He never filed objections, so the court reviewed the recommendation only for clear error—an obvious mistake—and found none.
Judge Vincent L. Briccetti adopted the recommendation as the court’s opinion and denied the petition in full. The court entered judgment, closed the case, declined to issue a certificate allowing an appeal, and denied permission to appeal without paying court fees.
The detailed version
- Green v. Schneiderman · No. 7:15-cv-02825
- Vincent Briccetti
- June 21, 2021
Background
Marcus Green filed a petition under 28 U.S.C. § 2254 asking the federal court to review his custody. Green proceeded without a lawyer. The opinion says that Magistrate Judge Andrew E. Krause issued a Report and Recommendation dated January 12, 2021, recommending that the petition be denied in its entirety. The opinion does not describe the underlying claims or explain the magistrate judge’s merits analysis.
Objections and standard of review
Green requested additional time to object to the Report and Recommendation. The court first extended his deadline to March 31, 2021, and later extended it to May 19, 2021. Green filed no objections. Because there were no objections, Judge Briccetti reviewed the recommendation for clear error, meaning an obvious mistake apparent from the record. The court found no error, clear or otherwise.
Ruling
Judge Briccetti adopted the Report and Recommendation as the opinion of the court and denied the petition in its entirety. The Clerk was directed to enter judgment and close the case. The court also determined that Green had not made the required substantial showing that a constitutional right was denied, so it did not issue a certificate of appealability, which is required to appeal a federal habeas decision. The court further certified that an appeal would not be taken in good faith and denied Green permission to appeal without paying court fees.
Disposition
The petition was denied. The case was closed. The opinion does not state whether the denial rested on the merits of Green’s underlying habeas claims because the court adopted the magistrate judge’s recommendation after clear-error review without discussing those claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.