Grant v. Gonyea

Background

Thomas Grant, the petitioner, represented himself and filed a petition under 28 U.S.C. § 2254, a federal procedure for challenging state custody. Judge Freeman, the magistrate judge, issued a Report and Recommendation advising that the petition be denied. The opinion does not set out the underlying claims or the recommendation’s reasoning.

Review of the Recommendation

The court stated that it could accept, reject, or modify the magistrate judge’s recommendation. Because no objections were filed and the objection deadline had passed, the court reviewed the recommendation for clear error. That standard asks whether the record leaves the court with a firm conviction that a mistake was made. The court found no clear error.

Ruling

The court adopted the Report and Recommendation in its entirety and dismissed Grant’s § 2254 petition for the reasons given in that separate recommendation. Because Grant had not made a substantial showing that a constitutional right was denied, the court ruled that a certificate of appealability would not issue. It also certified that an appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The clerk was directed to close the case and mail Grant a copy of the order.

Judge Alison J. Nathan, a United States Circuit Judge sitting by designation, signed the order. The opinion itself does not provide the merits analysis or explain the specific basis for dismissing the petition beyond adopting the separate Report and Recommendation.