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Jenkins v. Lilley
1:23-cv-09613
S.D.N.Y.
Jun 24, 2025
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Background

  • Terrell Jenkins filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging his conviction.
  • The matter was referred to Magistrate Judge Robert W. Lehrburger, who recommended denial of the petition in a Report and Recommendation (R&R) dated May 19, 2025.
  • Jenkins requested, and was granted, an extension to file objections to the R&R, but ultimately did not submit any objections by the new deadline (June 16, 2025).
  • The District Court, per Judge Gregory H. Woods, reviewed the R&R for clear error due to the lack of timely objections.
  • Finding no clear error, the Court adopted the R&R in full, denied Jenkins’s petition, and closed the case.
  • The Court also denied Jenkins in forma pauperis status on appeal and a certificate of appealability, concluding no substantial constitutional question was raised.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Jenkins is entitled to habeas relief Conviction violated federal law or rights No such violation occurred Denied; petition dismissed
Timeliness of filing objections to R&R Requested more time, but did not file No objections were filed No timely objections; clear error review applied
Certificate of appealability Entitled to appeal No substantial constitutional showing Denied
IFP status on appeal Should be allowed Not in good faith Denied

Key Cases Cited

  • Coppedge v. United States, 369 U.S. 438 (1962) (establishes standard for in forma pauperis appeals)
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Case Details

Case Name: Jenkins v. Lilley
Court Name: District Court, S.D. New York
Date Published: Jun 24, 2025
Docket Number: 1:23-cv-09613
Court Abbreviation: S.D.N.Y.