Carter v. Annucci
- Edgardo Ramos
- 1:22-cv-09019
- U.S. District Court · Southern District of New York
- 2
In Carter v. Annucci, Judge Ramos denied Carter’s habeas petition after adopting Magistrate Judge Netburn’s unchallenged recommendation.
The order resolved David E. Carter’s habeas petition against Anthony Annucci and closed the case.
What happened
Carter v. Annucci began when David E. Carter, without a lawyer, filed a petition asking for habeas relief in the Eastern District of New York. The case was later transferred to the Southern District of New York and referred to Magistrate Judge Sarah Netburn.
Judge Netburn recommended denying the petition in full and gave the parties 14 days to object. No objection was filed, and Carter did not request more time.
Judge Ramos reviewed the recommendation, found no error, and adopted it. The court denied the petition, directed the clerk to terminate it, and closed the case.
The detailed version
- Carter v. Annucci · No. 1:22-cv-09019
- Edgardo Ramos
- Sept. 5, 2023
Background
David E. Carter, proceeding without a lawyer, filed a petition for a writ of habeas corpus on May 10, 2022, in the U.S. District Court for the Eastern District of New York. A habeas petition asks a court to provide relief from unlawful custody or detention, but this order does not describe the specific claim raised by Carter. The case was transferred to the Southern District of New York on October 20, 2022, and referred to Magistrate Judge Sarah Netburn on October 24, 2022.
Report and Recommendation
On August 16, 2023, Magistrate Judge Netburn issued a report and recommendation recommending that the petition be denied in its entirety. The report gave the parties 14 days to file written objections. That deadline passed without an objection, and Carter did not request an extension.
Court’s Analysis
Under federal law, a district judge may accept, reject, or modify a magistrate judge’s report and recommendation. The judge generally reviews objected-to portions independently and may adopt unobjected-to portions if no clear error appears in the record. Judge Ramos stated that he reviewed Magistrate Judge Netburn’s report and found no error, “clear or otherwise.” The order does not independently discuss the substance of Carter’s habeas claims.
Disposition
The court adopted the magistrate judge’s recommendations and denied the petition for a writ of habeas corpus. The clerk was directed to terminate the petition, docketed as Document 1, and close the case. The order does not state that the denial was with or without prejudice.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.