Arnold v. Superintendent of Upstate Correctional Facility
- Lorna Schofield
- 1:21-cv-10423
- U.S. District Court · Southern District of New York
- 2
In Tarrek Arnold v. Superintendent of Upstate Correctional Facility, Judge Schofield denied Arnold’s habeas petition after finding no clear error in the recommended denial.
Tarrek Arnold’s federal custody challenge was denied, and the case was closed. The respondent was the Superintendent of Upstate Correctional Facility.
What happened
Tarrek Arnold filed a petition challenging his custody under a federal law that allows state prisoners to seek habeas relief. A magistrate judge recommended denying the petition in full.
Arnold represented himself. He did not file a timely objection to the recommendation, although the court had granted his request for more time to object.
Judge Lorna G. Schofield found no clear error in the record, adopted the magistrate judge’s recommendation, and denied the petition. She directed the clerk to close the case and mail Arnold a copy of the order.
The detailed version
- Arnold v. Superintendent of Upstate Correctional Facility · No. 1:21-cv-10423
- Lorna Schofield
- Feb. 1, 2023
Background
On December 7, 2021, Tarrek Arnold filed a petition under 28 U.S.C. § 2254, a federal procedure through which a state prisoner may challenge custody. The opinion states that Arnold filed the petition without a lawyer.
Procedural History
The case was referred to Magistrate Judge Stewart D. Aaron. On September 24, 2022, Judge Aaron issued a report and recommendation advising that the petition be denied in its entirety. The deadline for objections was fourteen days after service. Arnold later filed a letter motion seeking an extension, which the court granted, but no timely objection was filed.
Ruling
When no timely objection is filed to a magistrate judge’s recommendation, the district court reviews the record for clear error, meaning an obvious mistake. The court found no clear error, adopted the report and recommendation, and denied the petition. The clerk was directed to close the case and mail a copy of the order to Arnold.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.