Mitchell v. Miller
- Gregory Woods
- 1:21-cv-04744
- U.S. District Court · Southern District of New York
- 2
In Mitchell v. Miller, Judge Woods denied Mitchell’s habeas petition as time-barred after adopting an unobjected-to recommendation.
The ruling denied Kwamie Mitchell’s habeas petition and ended the case in favor of Supt. Mark Miller. It also denied Mitchell fee-free appeal status and a certificate of appealability.
What happened
In Mitchell v. Miller, Kwamie Mitchell filed a petition challenging his custody. A magistrate judge recommended denying the petition because it was filed too late.
Mitchell received additional time to object to that recommendation but did not file an objection by the deadline. The court reviewed the recommendation for clear error and found none.
Judge Gregory H. Woods adopted the recommendation in full and denied the petition. The court entered judgment for Supt. Mark Miller, closed the case, denied fee-free appeal status, and denied a certificate of appealability.
The detailed version
- Mitchell v. Miller · No. 1:21-cv-04744
- Gregory Woods
- Jan. 27, 2023
Background
On December 9, 2022, Magistrate Judge James L. Cott issued a report and recommendation advising the court to deny Kwamie Mitchell’s habeas petition. The recommendation concluded that the petition was time-barred, meaning it was filed after the applicable deadline.
The court had granted Mitchell an extension until January 26, 2023, to submit written objections to the recommendation. No objection was filed within that period.
Court’s ruling
Because no timely objection was filed, the court reviewed the report and recommendation for clear error. It found no clear error and accepted and adopted the recommendation in its entirety. The court denied the petition.
The court also certified that any appeal would not be taken in good faith and denied Mitchell permission to proceed without paying the required filing fees for an appeal. It denied a certificate of appealability because Mitchell had not made a substantial showing that a constitutional right was denied. The Clerk was directed to enter judgment for Supt. Mark Miller and close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.