Shoy v. Harris
- Vernon Broderick
- 1:22-cv-00084
- U.S. District Court · Southern District of New York
- 3
In Shoy v. Harris, Judge Broderick adopted an unopposed recommendation and denied Shoy’s habeas petition after finding no clear error.
Lorenzo Shoy, who was incarcerated and represented himself, and David R. Harris, the respondent.
What happened
In Shoy v. Harris, Lorenzo Shoy, who is incarcerated and represented himself, asked the court to grant his petition challenging his custody. The matter was referred to Magistrate Judge Stewart D. Aaron.
Judge Aaron recommended dismissing the petition. Neither side objected within the deadline, so the district court reviewed the recommendation for clear error, meaning an obvious mistake.
Judge Broderick found no clear error, adopted the recommendation in full, and denied Shoy’s habeas petition. The opinion does not explain the underlying reasons for the recommended dismissal.
The detailed version
- Shoy v. Harris · No. 1:22-cv-00084
- Vernon Broderick
- Apr. 28, 2023
Background
Lorenzo Shoy, who was incarcerated at Green Haven Correctional Facility and represented himself, filed a petition asking for relief under 28 U.S.C. § 2254. The respondent was David R. Harris. The court referred the matter to Magistrate Judge Stewart D. Aaron.
Report and Recommendation
Judge Aaron issued a report and recommendation on March 16, 2023, recommending that Shoy’s petition be dismissed. The report gave the parties fourteen days to submit written objections. No party objected by the March 30, 2023 deadline.
When no party objects to a magistrate judge’s recommendation, the district court reviews it for clear error, meaning an obvious mistake in the findings or recommendations. The opinion states that Judge Broderick reviewed Judge Aaron’s report under that standard and found no clear error.
Ruling
Judge Broderick adopted the report and recommendation in its entirety. The court denied Shoy’s petition for a writ of habeas corpus. The opinion does not discuss the underlying grounds for the recommended dismissal or decide the substance of Shoy’s habeas claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.