Bonie v. Annucci
- Alison Nathan
- 1:19-cv-11822
- U.S. District Court · Southern District of New York
- 1
In Bonie v. Annucci, Judge Nathan dismissed Bonie’s 28 U.S.C. § 2254 petition, denied appeal-related fee status, and closed the case.
Nasean Bonie, whose § 2254 petition was dismissed and whose requests for a certificate of appealability and fee-free appeal status were denied; Anthony Annucci, the defendant.
What happened
In Bonie v. Annucci, the court considered a challenge to a state-court conviction under 28 U.S.C. § 2254. The court had received a magistrate judge’s Report and Recommendation, and no objections were filed by the deadline.
The court reviewed the recommendation for clear error, found none, and adopted it in full. It dismissed Bonie’s petition for the reasons given in the recommendation. The opinion text does not describe those underlying reasons.
Judge Alison Nathan’s court also declined to issue a certificate allowing an appeal and denied Bonie permission to proceed without paying court fees for an appeal. The case was closed.
The detailed version
- Bonie v. Annucci · No. 1:19-cv-11822
- Alison Nathan
- Apr. 28, 2022
Background
Nasean Bonie filed a petition under 28 U.S.C. § 2254, the federal procedure for challenging state custody. The court had before it a magistrate judge’s Report and Recommendation. The judgment states that no objections were filed and that the objection deadline had passed.
Court’s Analysis
The court reviewed the Report and Recommendation for clear error, meaning an obvious mistake apparent from the record. It found no clear error and adopted the recommendation in its entirety. The judgment states that the petition was dismissed for the reasons provided in Judge Freeman’s Report and Recommendation, but the judgment itself does not explain those reasons.
Ruling
The court dismissed Bonie’s § 2254 petition. It also ruled that Bonie had not made the required substantial showing that a constitutional right had been denied, so a certificate of appealability would not issue. The court further certified that an appeal would not be taken in good faith and denied permission to appeal without paying court fees. The case was closed.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.