Brown v. State of New York
- Colleen McMahon
- 1:19-cv-09628
- U.S. District Court · Southern District of New York
- 4
In Brown v. State of New York, Judge McMahon denied reconsideration because Brown had not finished his state appeal.
Noel Brown, whose reconsideration motion was denied and federal case closed; the State of New York, the respondent.
What happened
Noel Brown asked the federal court to reconsider its earlier dismissal of his habeas petition, which challenged his New York conviction. The court had dismissed the petition without prejudice because he had not finished using the available state-court remedies.
Brown argued that he had done everything he could to pursue his state appeal and had been denied the right to appeal. The court found that a state appellate decision had given him 180 days after receiving the complete record to perfect his appeal, and that period had not expired.
In Brown v. State of New York, Judge Colleen McMahon denied Brown’s reconsideration motion under the applicable federal and local rules, including his request for relief from the order. The federal case was closed, and the court denied permission to appeal without paying the filing fees.
The detailed version
- Brown v. State of New York · No. 1:19-cv-09628
- Colleen McMahon
- Dec. 4, 2019
Background
Noel Brown, proceeding without a lawyer, filed a petition for federal habeas relief under 28 U.S.C. § 2254, challenging his April 22, 2019 conviction in New York Supreme Court, New York County. On November 12, 2019, the court denied the petition without prejudice because Brown had not fully exhausted his state-court remedies.
Brown then filed a “Request for Reconsideration.” The court treated it as a motion to alter or amend the judgment under Federal Rule of Civil Procedure 59(e), a reconsideration motion under Local Civil Rule 6.3, and alternatively a motion for relief from an order under Rule 60(b).
Arguments and Analysis
Brown asserted that he had done everything within his power to exhaust his state remedies and that he had been denied the right to appeal, despite filing a timely notice in the trial court. The court rejected those assertions based on an August 13, 2019 decision by the Appellate Division of the New York Supreme Court. That decision had given Brown 180 days from receipt of the complete record to perfect his appeal, and that period had not yet expired.
The court held that Brown had not shown that it overlooked controlling law or factual matters when it dismissed his federal petition. It therefore denied relief under Rule 59(e) and Local Civil Rule 6.3. The court also found that Brown had not alleged facts supporting any of the first five grounds for relief under Rule 60(b), such as mistake, newly discovered evidence, fraud, or a void judgment. It further held that he had not shown the extraordinary circumstances required for relief under Rule 60(b)(6).
Ruling and Effect
Judge Colleen McMahon denied Brown’s motion for reconsideration. The court directed the Clerk to mail him the order and mark service on the docket. The federal case was closed, and the court stated that it would accept only documents directed to the United States Court of Appeals for the Second Circuit. It also warned that additional frivolous or meritless filings could lead to an order requiring Brown to explain why he should not be barred from filing further documents in the action. The court certified that an appeal would not be taken in good faith and denied permission to appeal without paying the filing fees.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.