Diaz v. Bell
- Lorna Schofield
- 1:21-cv-05452
- U.S. District Court · Southern District of New York
- 2
In Diaz v. Bell, Judge Schofield denied Diaz’s federal custody-challenge petition after adopting a magistrate judge’s recommendation without timely objections.
Miguel Diaz’s federal custody-challenge petition was denied, and the case was closed; Superintendent Earl Bell was the respondent.
What happened
Miguel Diaz filed a petition under federal law challenging his custody and represented himself. The case was against Superintendent Earl Bell.
The court had sent the case to Magistrate Judge James L. Cott, who recommended dismissing the petition in full. Diaz did not file a timely objection to that recommendation.
Judge Lorna G. Schofield found no clear error in the record, adopted the recommendation, and denied the petition. The clerk was directed to close the case and mail the order to Diaz.
The detailed version
- Diaz v. Bell · No. 1:21-cv-05452
- Lorna Schofield
- June 6, 2022
Background
Miguel Diaz filed a petition under 28 U.S.C. § 2254 seeking federal review of his custody. The opinion identifies Diaz as representing himself and Superintendent Earl Bell as the respondent.
Proceedings Before the District Judge
The district court referred the matter to Magistrate Judge James L. Cott. On April 28, 2022, Judge Cott issued a report and recommendation advising that the petition be dismissed in its entirety. The deadline for objections was 14 days after service, but no timely objection was filed.
When a party does not timely object to a magistrate judge’s recommendation, the district judge reviews the record for clear error. Clear error means an obvious mistake in the recommendation or record. Judge Schofield stated that she found no clear error.
Ruling
Judge Lorna G. Schofield adopted the report and recommendation and denied the petition. The order directed the clerk to close the case and mail a copy of the order to Diaz. The order does not explain the underlying grounds for Diaz’s petition or the reasons Judge Cott recommended dismissal, so it does not provide a merits analysis of Diaz’s custody challenge.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.