Morris v. Kopp

Background

Derran Morris, proceeding without a lawyer, filed a federal petition challenging his New York state felony conviction. The opinion states that he brought the proceeding under 28 U.S.C. § 2554, although the court’s legal discussion refers to the federal habeas statute, 28 U.S.C. § 2254. Morris was convicted after a jury trial on July 16, 2019, of second-degree murder, first-degree manslaughter, first-degree assault, and second-degree assault, and was sentenced to 40 years of incarceration.

The New York intermediate appellate court affirmed the conviction. The New York Court of Appeals denied leave to appeal on October 6, 2022. The opinion states that Morris did not seek other state-court relief and did not seek review by the United States Supreme Court. He filed this federal proceeding on March 5, 2025.

Motion and recommendation

M. Kopp, the Acting Superintendent of Sing Sing Correctional Facility, moved to dismiss under Federal Rule of Civil Procedure 12(b)(6), arguing that the petition was filed after the deadline. Magistrate Judge Andrew E. Krause recommended dismissing the proceeding with prejudice as time-barred.

Neither Morris nor Kopp filed objections within the applicable period. Because there were no timely objections, the district court reviewed the recommendation for clear error rather than conducting a fresh review of disputed issues. The court found no clear error and determined that the recommendation was supported by the facts and law.

Court’s analysis

The court explained that a state prisoner generally has one year to file a federal habeas petition, measured from when the conviction becomes final. The deadline can be paused while a properly filed state post-conviction or other collateral proceeding is pending. It may also be extended in limited circumstances if extraordinary events prevented timely filing and the petitioner acted diligently.

The court concluded that Morris filed his petition more than one year after his conviction became final on October 6, 2022. It also concluded that Morris had not shown extraordinary circumstances that would justify extending the deadline.

Ruling

The court adopted Magistrate Judge Krause’s report and recommendation in its entirety and deemed the proceeding dismissed with prejudice. It stated that the petition presented no substantial questions for appellate review, declined to issue a certificate of probable cause, certified under 28 U.S.C. § 1915(a) that an appeal would not be taken in good faith, and directed the Clerk of Court to terminate the motion and action.