Derran Morris v. M. Kopp, Acting Superintendent, Sing Sing Correctional Facility

Summary

The United States District Court for the Southern District of New York adopts a magistrate judge’s Report and Recommendation and dismisses Derran Morris’s 28 U.S.C. § 2254 habeas petition with prejudice as time-barred under the Antiterrorism and Effective Death Penalty Act. The court finds no clear error because the petition was filed more than one year after the petitioner’s state conviction became final and no basis for equitable tolling was shown. The court also declines to issue a certificate of probable cause and certifies that an appeal would not be taken in good faith.

Holdings

1. When no timely objection is made to a magistrate judge's Report and Recommendation, the district court reviews the recommendation for clear error on the face of the record.
2. Morris's federal habeas petition was untimely because it was filed more than one year after his state conviction became final.
3. Equitable tolling was unavailable because Morris failed to demonstrate extraordinary circumstances that prevented timely filing and reasonable diligence throughout the tolling period.
4. The proceeding was dismissed with prejudice as time-barred.

Questions Presented

1. What standard of review applied to the magistrate judge's Report and Recommendation when neither party filed timely objections?
2. Whether Morris's federal habeas petition under 28 U.S.C. § 2254 was barred by the one-year statute of limitations in 28 U.S.C. § 2244(d)(1).
3. Whether equitable tolling excused the untimely filing.
4. Whether the proceeding should be dismissed with prejudice and whether a certificate of probable cause should issue.

Disposition

dismissed