Nazer v. Warden at Rikers Island

Background

Izzat Nazer, who was detained at the Robert N. Davoren Complex on Rikers Island, filed a petition under 28 U.S.C. § 2241 asking the federal court to order his immediate release. He was representing himself. His state criminal prosecution was pending in Manhattan Supreme Court.

Nazer argued that prosecutors had violated New York’s speedy-trial requirements under Criminal Procedure Law § 30.30 and their disclosure obligations under Criminal Procedure Law § 245. He alleged that prosecutors filed an insufficient certificate of compliance and statement of readiness, then later said they would be ready for trial on a later date. He also said the state court had denied his motions challenging the prosecution’s compliance and seeking release.

Court’s analysis

The court explained that a federal pretrial detention petition generally cannot be used to interfere with an ongoing state criminal case. It recognized that a speedy-trial claim can sometimes be reviewed before the state case ends, but it held that Nazer still had to exhaust available state remedies first.

For a pretrial detainee, exhaustion required seeking relief in the state courts and, if necessary, appealing through the New York Court of Appeals. Nazer alleged that he had filed motions in Manhattan Supreme Court, but he did not allege that he had appealed their denial through the New York Court of Appeals. He also did not allege facts showing that exhaustion should be excused.

Ruling

Judge Laura Taylor Swain denied the § 2241 petition without prejudice. The court directed the clerk to enter judgment dismissing the action. Because the petition did not make a substantial showing that a constitutional right had been denied, the court said it would not issue a certificate of appealability. It also certified that an appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal.