Mahon v. Commi. of N.Y.S. Division of Parole

Background

Kalonji Mahon, proceeding without a lawyer, filed a petition under 28 U.S.C. § 2254 challenging his 2012 New York State conviction for narcotics offenses. Magistrate Judge Sarah L. Cave issued a Report and Recommendation advising that the petition be denied in its entirety. The report warned that failing to object on time would waive objections and prevent appellate review.

The report was mailed to Mahon on October 4, 2022. Neither Mahon nor the respondent filed timely objections. Under the applicable rules, the district court therefore reviewed the report for clear error rather than conducting a de novo review of objected-to issues.

Court’s Review

The court identified two minor factual discrepancies. The report gave an indictment date of December 23, 2013, but the court concluded that date appeared incorrect because it was later than Mahon’s May 21, 2012 conviction date. The court found the apparent misdate immaterial. The court also noted that the report described Mahon’s parole status as active on September 28, 2022, while a state lookup appeared to show that his parole status was discharged. The court held that this change did not moot the case because Mahon had timely challenged his underlying conviction and possible collateral consequences remained.

Disposition

Judge Jennifer L. Rochon found the magistrate judge’s reasoning sound, factually and legally grounded, and not clearly erroneous. The court adopted the Report and Recommendation in full and denied the petition. It also declined to issue a certificate of appealability because Mahon had not made a substantial showing that a constitutional right was denied, certified that any appeal would not be taken in good faith, denied permission to appeal without paying fees, and directed the clerk to close the case.