Peguero-Carela v. Jaimison

District Court, S.D. New York

Peguero-Carela v. Jaimison

Trial Court Opinion

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED JACOBO PEGUERO-CARELA, DOC DATE FILED: _ 1/8/2025 Petitioner, -against- 23 Civ. 4025 (AT) (KHP) J.L. JAIMISON, Warden, ORDER ADOPTING REPORT AND RECOMMENDATION Respondent. ANALISA TORRES, District Judge: On April 17, 2023, Petitioner pro se, Jacobo Peguero-Carela, filed a petition for a writ of habeas corpus pursuant to

28 U.S.C. § 2241

. ECF No. 1. On May 19, 2023, the Court referred the petition to the Honorable Katharine H. Parker, who ordered the Government to respond. ECF Nos. 3-4. The Government filed its opposition in September 2023, and Petitioner submitted his reply in March 2024. ECF Nos. 13, 20. After careful consideration, Judge Parker issued a report and recommendation (the “R&R”) recommending that Peguero-Carela’s petition be denied. ECF No. 21. Despite being notified of his right to object to the R&R, Peguero-Carela did not file any objections, and the time to do so has now passed. See R&R at 15; Fed. R. Civ. P. 72(b)(2); Dkt. Entry 10/16/24. The Court, therefore, reviews the R&R for clear error. See Whitley v. Bowden, No. 17 Civ. 3564,

2019 WL 1953941

, at *1 (S.D.N.Y. May 1, 2019) (collecting cases). The Court finds no clear error in Judge Parker’s well- reasoned R&R. Accordingly, the Court ADOPTS Judge Parker’s R&R in its entirety and DENIES Peguero- Carela’s petition. The Clerk of Court is respectfully directed to close the case and mail a copy of this order to Petitioner pro se.

SO ORDERED. Dated: January 8, 2025 }- New York, New York pe ne ANALISA TORRES United States District Judge

Reference

Status
Unknown