Cordeyair Brown v. Ward Calhoun

Summary

The United States District Court for the Southern District of Mississippi adopted a magistrate judge’s Report and Recommendation in Cordeyair Brown’s 28 U.S.C. § 2241 habeas petition. The court granted the respondent’s motion to dismiss, dismissed the claims concerning the initial appearance and ineffective assistance of counsel with prejudice, and dismissed the speedy-trial claim without prejudice for failure to exhaust.

Holdings

1. When no timely objection is filed, the district court need only satisfy itself that there is no clear error on the face of the record before accepting the recommendation.
2. The petition was dismissed with prejudice as to the claims concerning the initial appearance and ineffective assistance of counsel, and without prejudice as to the speedy-trial claim because Brown failed to exhaust that claim.
3. Brown was not entitled to an evidentiary hearing.

Questions Presented

1. Whether the district court should adopt the magistrate judge's Report and Recommendation when the petitioner filed no timely objection.
2. Whether Brown's claims based on his initial appearance and ineffective assistance of counsel should be dismissed with prejudice.
3. Whether Brown's speedy-trial claim should be dismissed without prejudice for failure to exhaust available remedies.
4. Whether Brown was entitled to an evidentiary hearing.

Disposition

dismissed