Diaz v. Attica Correctional Facility

Background

Miguel Diaz, who was incarcerated in Attica Correctional Facility, filed a self-represented petition for a writ of habeas corpus under 28 U.S.C. § 2254. A habeas petition asks a federal court to review whether a person is being held in violation of federal law. Diaz challenged a June 28, 2018 judgment from the New York Supreme Court, Bronx County, entered after he pleaded guilty to first-degree reckless endangerment.

Diaz stated that he had appealed the conviction to the New York State Supreme Court, Appellate Division, First Department, and that the appeal was still pending. The opinion does not state when he filed that appeal.

Exhaustion requirement

Before seeking federal habeas relief under § 2254, a petitioner generally must exhaust available state-court remedies. The state courts must have the first opportunity to consider the alleged errors. The court explained that Diaz had to wait for the Appellate Division to decide his appeal and, if adversely affected, seek permission to appeal to the New York Court of Appeals. The court also described additional exhaustion requirements for any state collateral motions Diaz might have filed.

Ruling

Because Diaz had not fully exhausted his state remedies, the court found that his petition was filed prematurely and denied it without prejudice. The court stated that, after fully exhausting his state remedies through the Court of Appeals, Diaz may file a habeas petition in federal court.

Judge Colleen McMahon directed the Clerk of Court to mail Diaz a copy of the order and record service on the docket. The court also ruled that a certificate of appealability would not issue because the petition did not make a substantial showing that a constitutional right had been denied. In addition, the court certified that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.