Chronister v. Wallace

Summary

The United States District Court for the District of South Carolina adopts a magistrate judge’s report and recommendation and dismisses Jeffrey Lynn Chronister’s habeas petition without prejudice. The court construes the filing as a successive petition under 28 U.S.C. § 2254 because it challenges the underlying state conviction and seeks immediate release, notwithstanding its labeling under § 2241. The court overrules the petitioner’s objection and denies a certificate of appealability.

Holdings

1. The substance of a habeas filing, rather than the statutory label assigned by the petitioner, controls its characterization. A petition attacking a state-court conviction and seeking immediate release is properly construed as a petition under 28 U.S.C. § 2254.
2. The petition was subject to dismissal because it was properly construed as a successive § 2254 petition and petitioner had not obtained permission to file a successive petition.
3. The district court must review de novo the portions of a magistrate judge's report and recommendation to which a specific objection is made, and may accept, reject, or modify the recommendation. The court found no clear error in the remaining portions and adopted the report and recommendation.

Questions Presented

1. Whether a habeas petition labeled under 28 U.S.C. § 2241 should be treated as a petition under 28 U.S.C. § 2254 when it substantively attacks a state-court conviction and seeks immediate release.
2. Whether the petition was subject to dismissal as a successive § 2254 petition because petitioner had not obtained authorization to file it.
3. What standard of review governs the district court's consideration of objections to the magistrate judge's report and recommendation.

Disposition

dismissed