Gadson v. Houston House ( 2024 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------- X : DERRICK GADSON, : : Petitioner, : 23 Civ. 8518 (LGS) -against- : : ORDER HOUSTON HOUSE, et al. : : Respondents. : : -------------------------------------------------------------- X LORNA G. SCHOFIELD, District Judge: WHEREAS, on August 10, 2023, pro se Petitioner filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (the “Petition”) in the United States District Court for the District of Rhode Island, challenging Respondents’ application of time credits under the First Step Act; WHEREAS, on September 27, 2023, this action was transferred to the United States District Court for the Southern District of New York; WHEREAS, on October 11, 2023, the matter was referred to Magistrate Judge Gabriel W. Gorenstein; WHEREAS, on November 30, 2023, Judge Gorenstein issued a Report and Recommendation (the “Report”) recommending that the Petition be denied for failure to exhaust administrative remedies; WHEREAS, as stated in Judge Gorenstein’s Report, the deadline for filing any objections was fourteen days from service of the Report; WHEREAS, no objections were timely filed; WHEREAS, in reviewing a magistrate judge’s report and recommendation, a district judge “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1)(C). “In a case such as this one, where no timely objection has been made, a district court need only satisfy itself that there is no clear error on the face of the record.” Kuan v. Notoriety Grp. LLC, No. 22 Civ. 1583, 2023 WL 3936749, at *1 (S.D.N.Y. June 9, 2023); WHEREAS, the Court finds no clear error on the face of the record as to Judge Gorenstein’s Report. It is hereby ORDERED and ADJUDGED that the Report is ADOPTED. The Petition is dismissed. Dated: March 6, 2024 New York, New York < UNITED STATES DISTRICT JUDGE