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