Vincent M. Ruggiero v. Warden M. V. Joseph

Summary

The United States District Court for the District of South Carolina adopts a magistrate judge’s recommendation and summarily dismisses without prejudice Vincent M. Ruggiero’s 28 U.S.C. § 2241 habeas petition. The court concludes that the action is duplicative of another pending case concerning the application of First Step Act earned time credits and denies a certificate of appealability.

Holdings

1. A habeas petition that duplicates another pending action may be summarily dismissed without prejudice and without issuance and service of process.
2. The district court must conduct a de novo determination of portions of a magistrate judge's report to which a specific objection is made and may review unobjected-to portions for clear error.
3. A certificate of appealability will not issue because Petitioner did not satisfy the applicable substantial-showing standard.

Questions Presented

1. Whether the petition should be summarily dismissed as duplicative of another pending habeas action.
2. What standard of review governed the magistrate judge's Report and Recommendation after Petitioner filed objections.
3. Whether a certificate of appealability should issue.

Disposition

dismissed