Baly v. Certificate of Appeals Supreme Court of New York

Background

Rami Baly filed this action without a lawyer, challenging his 2017 conviction in New York Supreme Court, New York County. The conviction resulted in three years of probation and restitution. In an earlier order, the court allowed Baly to file an amended petition seeking release from custody under 28 U.S.C. § 2254, but required him to provide facts showing that he was in custody when he filed the case. The court later denied the petition because Baly did not make that showing.

Baly appealed that decision, but the United States Court of Appeals for the Second Circuit dismissed the appeal as untimely. Baly then filed numerous motions in the closed district-court case and additional motions in the Second Circuit.

Motions in the Closed Case

The district court reviewed motions docketed as ECF 22 through 51. These included motions for permission to appeal, requests to make additional submissions, motions for entry of judgment and default judgment, requests to proceed without prepaying fees, requests for transfer, a request to certify legal questions, requests for summary judgment, and requests to certify a class under Rule 23 of the Federal Rules of Civil Procedure.

The court concluded that many motions were nonsensical or had no application to a petition challenging Baly’s conviction. It also concluded that some requested relief, including summary judgment and class certification, was unavailable in a closed action. The court could not determine from several requests for permission to appeal what decision Baly wanted to appeal or what relief he sought. Because Baly had already appealed the earlier denial of his petition and the Second Circuit had dismissed that appeal, the court found no basis to grant the motions.

Ruling

The court denied Baly’s motions in the closed action, ECF 22 through 51, and directed the Clerk of Court to terminate all pending motions. The court did not impose a filing bar in this order. Instead, it issued an order to show cause, meaning Baly was given an opportunity to explain why a restriction should not be imposed. He must submit a written declaration within 30 days explaining why he should not be barred from filing further documents in this district-court action, except documents directed to the Second Circuit.

The court stated that if Baly did not submit the declaration within 30 days, or if it did not provide good cause, he would be barred from filing further documents in the closed action, with the same exception for documents directed to the Second Circuit. The court also certified that an appeal from this order would not be taken in good faith and denied payment-free status for purposes of such an appeal. Judge Laura Taylor Swain signed the order.