Sabino v. Warden of GRVC

Background

Saul Sabino filed a petition under 28 U.S.C. § 2241 challenging ongoing criminal proceedings in Queens County Supreme Court, where he was charged with robbery. He was being held at the George R. Vierno Center on Rikers Island and represented himself in this federal case. Sabino asked the federal court to dismiss the state charges.

Sabino alleged that his arrest was illegal; that his pretrial detention was cruel and unusual because his father has cancer; that he was denied the right to testify before the grand jury; and that his indictment violated due process. He also alleged that appointed counsel disclosed information he had shared during their first meeting, violating his protection against self-incrimination. He further claimed that, after disagreements with appointed counsel, the state court did not appoint new counsel and removed him from the courtroom.

Sabino stated that he had filed a state habeas petition in Bronx County Supreme Court on April 24, 2025, raising the same grounds, and had received no response. The federal court had previously allowed him to proceed without prepaying filing fees.

Court’s Analysis

The court explained that a state pretrial detainee may sometimes challenge the legality of detention under § 2241, but must generally first exhaust available state-court remedies. Exhaustion requires giving the state courts a full and fair opportunity to resolve the federal constitutional claims, including one complete round of the state’s established appellate review process.

The court found that Sabino did not allege that he had fully exhausted New York’s state habeas process or appealed to the New York Court of Appeals. The court also noted that he had filed his state petition in Bronx County rather than Queens County, where the criminal proceeding was pending. Because Sabino had not shown exhaustion or established an applicable exception, the court did not reach the merits of his constitutional allegations.

Disposition

Judge Kimba M. Wood denied the § 2241 petition and dismissed the action without prejudice for failure to show exhaustion of available state-court remedies. The court granted Sabino 30 days’ leave to replead by filing an amended petition addressing whether an exception to exhaustion permits federal review. If he does not file an amended petition within that period, the court stated that the Clerk will be directed to enter judgment denying the petition and dismissing the action.

The court declined to issue a certificate of appealability because Sabino 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. The court directed the Clerk to keep the matter open until a civil judgment is entered.