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· 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 CourtListener

Sourced 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.