Wade v. Melecio
- Gregory Woods
- 1:21-cv-09138
- U.S. District Court · Southern District of New York
- 2
In Wade v. Melecio, Judge Woods denied Wade’s petition challenging his state convictions after adopting a magistrate judge’s recommendation.
Darius Wade’s challenge to his state-court convictions was denied. Superintendent Melecio received judgment, and the case was closed.
What happened
Darius Wade challenged the validity of his state-court convictions under two New York criminal statutes. A magistrate judge recommended denying the petition, concluding that Wade’s claims were barred by procedural rules and, alternatively, lacked merit.
No one filed an objection to the recommendation within the required 14-day period. The district court therefore reviewed it for clear error and found none.
In Wade v. Melecio, Judge Woods adopted the recommendation in full and denied the petition. The court also denied permission to appeal without paying the filing fee, denied a certificate of appealability, entered judgment for Superintendent Melecio, and closed the case.
The detailed version
- Wade v. Melecio · No. 1:21-cv-09138
- Gregory Woods
- Mar. 14, 2023
Background
Darius Wade filed a petition challenging the validity of his state-court convictions under N.Y. Penal Law §§ 265.03(1)(b) and (3). Magistrate Judge Cott issued a Report and Recommendation advising the district court to deny the petition. The recommendation concluded that Wade’s claims were procedurally barred and that, even if they were not barred, the claims lacked merit.
Review of the Recommendation
Under federal law, parties may file specific written objections to a magistrate judge’s recommendation within 14 days after receiving it. When no timely objection is filed, the district court reviews the recommendation for clear error. No objection was submitted within the 14-day period. The court reviewed the recommendation and found no clear error, so it accepted and adopted the recommendation in its entirety.
Ruling
Judge Woods denied the petition for the reasons stated in the recommendation. The court certified that any appeal would not be taken in good faith and denied permission to appeal without paying the filing fee. It also denied a certificate of appealability because Wade had not made a substantial showing that a constitutional right was denied. The Clerk of Court was directed to mail Wade a copy of the order, enter judgment for Superintendent Melecio, and close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.