Giardala v. Bell

Background

Joseph Giardala began the case by letter, asking the court for help filing a petition under 28 U.S.C. § 2254, a procedure for challenging a state-court conviction or imprisonment in federal court. On February 19, 2020, the court directed him to file a financial application and the petition, and denied without prejudice his request for appointed counsel.

Giardala then asked a second time for appointed counsel. The court denied that request without prejudice and explained that he needed to file the petition before the court would consider appointing counsel. Giardala later sent another letter requesting appointed counsel and an extension of time to file the petition. The court presumed he had not received the February 27 order because his letter arrived on the same date.

Ruling

The court denied without prejudice Giardala’s request for appointed counsel. It also denied his request for an extension of time to file the petition. The conclusion states that both requests in ECF No. 7 were denied. The court directed Giardala to answer the petition’s questions as best he could, sign the form, and mail it to the court’s Pro Se Intake Unit.

The court reminded Giardala that he had one year and ninety days from the New York Court of Appeals’ January 18, 2019 decision denying leave to appeal to file his petition. The court did not decide whether his underlying challenge to his imprisonment had merit. Chief United States District Judge Colleen McMahon also directed the Clerk to mail him a copy of the order and note service on the docket.