Moreno-Gratini v. Sticht
- Gregory Woods
- 1:19-cv-05964
- U.S. District Court · Southern District of New York
- 2
In Moreno-Gratini v. Sticht, Judge Woods denied Moreno-Gratini’s federal custody-review petition as procedurally barred and denied fee-waiver status for an appeal.
The order directly affected petitioner Merlin Moreno-Gratini and respondent Thomas Sticht. It denied Moreno-Gratini’s petition, denied fee-waiver status for an appeal, entered judgment for the respondent, and closed the case.
What happened
In Moreno-Gratini v. Sticht, Merlin Moreno-Gratini asked the federal court to review his custody under 28 U.S.C. § 2254. Magistrate Judge Sarah Netburn recommended denying the petition because the claims were procedurally barred.
No party filed a timely objection to the magistrate judge’s recommendation. The court therefore reviewed it for clear error and found none.
Judge Gregory H. Woods accepted and adopted the recommendation and denied Moreno-Gratini’s petition. The court also denied permission to proceed without paying fees for an appeal, ordered judgment entered for the respondent, directed the Clerk to mail the order to Moreno-Gratini by certified mail, and closed the case.
The detailed version
- Moreno-Gratini v. Sticht · No. 1:19-cv-05964
- Gregory Woods
- May 5, 2022
Background
Merlin Moreno-Gratini filed a petition under 28 U.S.C. § 2254 asking the federal court to review his custody. On April 18, 2022, Magistrate Judge Sarah Netburn issued a report and recommendation advising that the petition be denied because Moreno-Gratini’s claims were procedurally barred.
Review of the Recommendation
A district judge may accept, reject, or modify a magistrate judge’s report and recommendation. Parties generally have fourteen days to submit specific written objections. Because no objection was submitted within that period, the court reviewed the recommendation for clear error. The court found no clear error.
Ruling
The court accepted and adopted the report and recommendation as to Moreno-Gratini’s petition and denied the petition. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied Moreno-Gratini permission to proceed without paying fees for an appeal. The Clerk was ordered to mail the order to Moreno-Gratini by certified mail, enter judgment for the respondent, and close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.