Carter v. Miller
- Edgardo Ramos
- 1:21-cv-02680
- U.S. District Court · Southern District of New York
- 1
In Carter v. Miller, Judge Ramos directed pro se petitioner Carter to file objections by January 23, 2023, or waive appellate review.
Elliott Carter, the self-represented petitioner, was given a deadline to object to the magistrate judge's Report and Recommendation. The order also notes that the court had denied his request for appointed counsel.
What happened
In Carter v. Miller, Magistrate Judge Stewart D. Aaron had issued a report recommending action in the case and gave the parties 14 days to object. Elliott Carter did not file objections during that period.
Carter instead moved for appointment of counsel on August 15, 2022. The court denied that request the next day, and the Clerk mailed Carter a copy of the order. The opinion states that no objections had been filed as of December 19, 2022.
Judge Edgardo Ramos directed Carter to submit any objections by January 23, 2023. The order states that failing to do so would waive objections and prevent appellate review; it does not state the underlying recommendation or decide the dispute's merits.
The detailed version
- Carter v. Miller · No. 1:21-cv-02680
- Edgardo Ramos
- Dec. 19, 2022
Background
Magistrate Judge Stewart D. Aaron issued a Report and Recommendation on May 2, 2022. The Report and Recommendation stated that the parties had 14 days to submit written objections. The opinion does not describe the underlying claims or the recommendation's substance.
Petitioner Elliott Carter, who was representing himself, did not submit objections within that period. Instead, he moved for appointment of counsel on August 15, 2022. The court denied that motion the following day, and the Clerk mailed Carter a copy of the denial order.
Ruling
As of December 19, 2022, the court had received no objections to the Report and Recommendation. Judge Edgardo Ramos directed Carter to submit any objections by Monday, January 23, 2023. The order states that failing to do so would waive objections and prevent appellate review under 28 U.S.C. § 636(b)(1)(C).
This order addressed the opportunity to object to the magistrate judge's recommendation and did not state a decision on the underlying dispute. The court also had previously denied Carter's request for appointment of counsel.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.