Bonie v. Annucci
- Alison Nathan
- 1:19-cv-11822
- U.S. District Court · Southern District of New York
- 2
In Bonie v. Annucci, Judge Nathan dismissed Bonie’s federal custody challenge after adopting Judge Freeman’s recommendation.
Nasean Bonie, the petitioner, was affected by dismissal of his petition and the denial of permission to appeal without paying court fees. Anthony Annucci was the respondent.
What happened
In Bonie v. Annucci, Nasean Bonie asked the court to review his custody under federal law. The court was considering a recommendation from Judge Freeman to deny that request.
No one filed objections to the recommendation by the deadline. The court therefore looked for obvious errors in the record and found none. It adopted the recommendation in full, relying on the reasons given in that recommendation.
Judge Nathan dismissed Bonie’s petition, declined to issue a certificate allowing an appeal, and denied permission to appeal without paying court fees. The court also directed the clerk to close the case and mail Bonie a copy of the order.
The detailed version
- Bonie v. Annucci · No. 1:19-cv-11822
- Alison Nathan
- Apr. 28, 2022
Background
Nasean Bonie, proceeding without a lawyer, filed a petition under 28 U.S.C. § 2254 asking the federal court to review his custody. The opinion does not describe the underlying grounds for the petition. Magistrate Judge Freeman issued a Report and Recommendation advising that the petition be denied.
Court’s Review
The court explained that it could accept, reject, or modify the magistrate judge’s recommendation. Because no timely objections were filed and the objection deadline had passed, the court reviewed the recommendation for clear error—an obvious mistake apparent from the record. The court found no clear error and adopted the Report and Recommendation in its entirety. It dismissed the § 2254 petition for the reasons stated in Judge Freeman’s recommendation; those reasons are not set out in this order.
Ruling and Effect
Judge Alison J. Nathan dismissed the petition. The court also ruled that Bonie had not made the required substantial showing that a constitutional right had been denied, so it would not issue a certificate of appealability, which is required for an appeal in this type of case. The court further certified that an appeal would not be taken in good faith and denied permission to appeal without paying court fees. The clerk was directed to close the case and mail Bonie a copy of the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.