Carter v. Miller
- Edgardo Ramos
- 1:21-cv-02680
- U.S. District Court · Southern District of New York
- 2
Carter v. Miller: Judge Ramos denied Carter’s habeas petition after he filed no objections to a magistrate judge’s recommendation.
Elliot Carter’s federal challenge to his New York state conviction was denied, and the case was closed. Christopher Miller was the respondent.
What happened
In Carter v. Miller, Elliot Carter, representing himself, asked the federal court to review his New York state conviction for first-degree rape. The case was referred to Magistrate Judge Robert W. Lehrburger.
Judge Lehrburger recommended denying the petition. Carter did not object within the original deadline or after the court gave him a final opportunity to do so; the court also denied his request for appointed counsel.
The court found no error in the recommendation, adopted it, denied Carter’s petition, and closed the case. Judge Ramos issued the order.
The detailed version
- Carter v. Miller · No. 1:21-cv-02680
- Edgardo Ramos
- Mar. 7, 2023
Background
Elliot Carter, proceeding without a lawyer, filed a petition under 28 U.S.C. § 2254 asking the federal court to review his conviction for first-degree rape in New York state court. The state filed a response opposing the petition, and Carter replied. The court referred the case to Magistrate Judge Robert W. Lehrburger.
Report and Recommendation
Magistrate Judge Lehrburger issued a Report and Recommendation recommending that Carter’s petition be denied. The report gave the parties fourteen days to submit written objections. Carter filed no objections. Instead, he moved for appointment of counsel, and the court denied that motion.
The court later gave Carter a final opportunity to object and warned that failing to do so would waive objections and prevent appellate review. Carter again filed no objections.
Ruling
The court explained that, when no timely objections are filed, it may adopt a magistrate judge’s recommendation if the record shows no clear error. The court reviewed the report and found no error, “clear or otherwise.” It therefore adopted Magistrate Judge Lehrburger’s recommendation, denied Carter’s habeas petition, directed the Clerk to terminate the petition, and closed the case. The court’s order was issued by Judge Edgardo Ramos.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.