Kellier v. McAuliffe

Background

Joshua Kellier, who is incarcerated at Riverview Correctional Facility, filed a petition without a lawyer seeking federal relief from custody. He labeled it a petition under 28 U.S.C. § 2241 and described the challenged judgment as a July 25, 2024 conviction for “criminal contempt of court.” The court stated that the filing instead seemed to concern a New York Supreme Court conviction for first-degree sexual abuse. The court also stated that Kellier seemed to allege that he was serving a seven-year prison term followed by ten years of probation.

The court had previously granted Kellier permission to proceed without paying the filing fee. After that ruling, Kellier filed numerous additional submissions, but this order addressed only his original petition.

Reclassification under Section 2254

The court explained that a petition challenging a state-court judgment on the ground that the petitioner is held in violation of federal law must proceed under 28 U.S.C. § 2254, rather than Section 2241. The court therefore construed Kellier’s original filing as a Section 2254 petition.

The court identified several requirements for proceeding under Section 2254. The petition must state each available ground for relief, the facts supporting each ground, and the relief requested. Kellier must also be prepared to show that he exhausted available remedies in the state courts, or that no adequate state corrective process was available or effective. The court also discussed the applicable one-year filing period and the circumstances that can affect when that period begins or pauses.

Order

The court granted Kellier 60 days’ leave to file an amended Section 2254 petition addressing those requirements. An amended petition would completely replace, rather than supplement, the original petition. If Kellier does not want to proceed under Section 2254, the court directed him to notify the court in writing within 60 days that he wishes to withdraw the action. If he does not do so, the original filing will remain designated as a Section 2254 petition.

No answer was required from the respondent at this time. The court also stated that it would not address Kellier’s other motions, requests, or submissions filed after the fee ruling until he complied with the order.

Disposition and classification

The order did not decide the merits of Kellier’s challenge to his conviction or custody. The court stated that a certificate of appealability would not issue because Kellier had not made a substantial showing that a constitutional right was denied. It also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.

This is a procedural order: it determines how the petition must proceed and gives Kellier an opportunity to correct or withdraw it, without deciding whether he is entitled to release or other relief.