Sanchez v. Keyser

Background

Felix Sanchez was convicted in New York Supreme Court in 1992 of murder, attempted murder, and gun possession, and received an aggregate sentence of 50 years to life in prison. His convictions were affirmed on appeal in 1995. In an earlier round of this case, a judge denied his first petition asking for release from custody as untimely in 2000. That judge denied Sanchez’s later request for relief from that judgment in January 2020.

Sanchez then filed a petition under 28 U.S.C. § 2254 seeking release because of the extraordinary circumstances and health risks he attributed to COVID-19. The petition was docketed both in this case and in the earlier action before Judge Rakoff. Judge Rakoff transferred it to the United States Court of Appeals for the Second Circuit because he concluded that a second or successive petition required certification by a panel of that court. Because the petition had been filed in both cases and Judge Rakoff had already addressed it, Judge Abrams closed this action on April 28, 2020.

An amended petition was later docketed in this action. Judge Abrams denied that amended petition as moot because the action had already been closed and the original petition was pending before the Second Circuit. On June 23, 2020, the Second Circuit concluded that the petition would not be successive because the earlier petition appeared to challenge Sanchez’s criminal judgment, while the new petition challenged his post-sentencing conditions of confinement. The Second Circuit transferred the matter to Judge Rakoff for further action, including deciding whether the claims should proceed under Section 2254 or under 42 U.S.C. § 1983.

Motion for reconsideration

Sanchez submitted a letter motion asking Judge Abrams to reconsider the April 28 order under Federal Rule of Civil Procedure 60(b)(6), which allows relief from a final order for another reason that justifies relief. He relied on a decision he cited as Elleby v. Smith and argued that a petition seeking release because of the COVID-19 pandemic was not a second or successive petition. He also argued that his petition concerned allegedly unconstitutional conditions of confinement and requested that the case be reopened, that he receive an unconditional writ of release, and that the court hold an evidentiary hearing.

Ruling

Judge Abrams denied the motion for reconsideration as moot. The court explained that Sanchez’s April 4, 2020 petition was currently pending before Judge Rakoff after the Second Circuit’s transfer. As a result, this action remained closed, and there was no need for Judge Abrams to address the reconsideration request in this case.

The order did not decide the merits of Sanchez’s COVID-19 or conditions-of-confinement arguments. It also did not decide whether his claims should proceed under Section 2254 or Section 1983. The Clerk was directed to mail the order to Sanchez.