· 4/30/2003
Orville Cephas v. John Nash, Warden, Ray Brook Federal Correctional Institution
Citations
- 328 F.3d 98
- 2003 U.S. App. LEXIS 8177
- 2003 WL 1989610
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that jury verdict of guilty on four substantive narcotics violations conclusively negated petitioner’s “Richardson-based claim of actual innocence”
- holding that, “[a]s a rule, a party’s failure to object to any purported error or omission in a magistrate judge’s report waives further judicial review of the point”
- recognizing “the power to dismiss a habeas petition [without notice] when it is patently apparent that the court lacks jurisdiction to grant the relief demanded”
- stating general rule that failure to object to purported error in magistrate judge’s report waives further judicial review of point
- stating standard for proceeding under § 2241 instead of § 2255
- “[Fjederal prisoners challenging the legality of their convictions or sentences must proceed by way of motion pursuant to 28 U.S.C. § 2255....”
Source: CourtListener parenthetical corpus (CC0).
Judges: Newman, Katzmann, Raggi
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.