Santiago v. Uhler
- Lewis Liman
- 1:18-cv-02849
- U.S. District Court · Southern District of New York
- 2
In Santiago v. Uhler, Judge Liman denied Santiago’s petition after adopting a magistrate judge’s recommendation without finding clear error.
Brandin Santiago’s petition was denied; the respondent agreed with the recommendation, and the case was closed.
What happened
In Santiago v. Uhler, Magistrate Judge Figueredo recommended denying Brandin Santiago’s petition. The opinion does not describe the petition’s underlying claims.
The recommendation was mailed to Santiago, and he did not file objections within the allowed 14 days. The respondent agreed with the recommendation and filed no objections.
Judge Lewis J. Liman reviewed the record and recommendation for clear error, found none, adopted the recommendation in its entirety, and denied the petition. Judge Liman also declined to issue a certificate of appealability and directed the Clerk of Court to close the case.
The detailed version
- Santiago v. Uhler · No. 1:18-cv-02849
- Lewis Liman
- Jan. 2, 2023
Background
Brandin Santiago filed a petition for a writ of habeas corpus, a request for federal court relief concerning custody or confinement. The opinion does not describe the underlying grounds for Santiago’s petition.
Report and Recommendation
On December 7, 2022, Magistrate Judge Figueredo issued a Report and Recommendation advising that the petition be denied. The recommendation gave the parties 14 days to submit written objections. It was mailed to Santiago at his recorded address on December 8, 2022. On December 15, 2022, the respondent agreed that the petition should be denied and filed no objections. Santiago did not file objections, and his deadline expired.
Court’s Review and Ruling
Because no party objected, the district court reviewed the Report and Recommendation and the record for clear error, meaning an obvious mistake. Judge Lewis J. Liman found no clear error and ordered that the recommendation be adopted in its entirety. The court denied the petition for a writ of habeas corpus. It also ruled that Santiago had not made the required substantial showing that a constitutional right had been denied, so no certificate of appealability would issue. The Clerk of Court was directed to close the case.
Disposition
The Report and Recommendation was adopted in its entirety, the petition was denied, and the case was closed.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.