Simpson v. Keyser

Background

Theodore Simpson, incarcerated at Sullivan Correctional Facility and proceeding without a lawyer, filed a “Notice of Motion for Judicial Intervention.” He sought immediate release to house-arrest status based on his allegation that prison officials were not controlling the spread of COVID-19. He also appeared to challenge the imposition of at least one Bronx County sentence and asserted that he had been wrongfully convicted.

The court had previously allowed Simpson to proceed without paying the filing fee. It treated his filing as seeking relief under 28 U.S.C. § 2254, the federal statute generally used by a person in state custody to challenge custody based on a state-court judgment.

Possible repeat challenges to Bronx County sentences

The court explained that Simpson had previously filed federal habeas petitions challenging the imposition of Bronx County sentences and that those petitions had been denied on the merits. Under the federal habeas statute, a person generally must obtain authorization from the appropriate federal appeals court before filing a second or successive petition attacking the same conviction or sentence.

Because Simpson did not identify which convictions he was challenging, the court did not immediately transfer those claims. Instead, it directed him to show cause within 60 days why claims challenging sentences previously attacked in federal habeas petitions should not be transferred to the U.S. Court of Appeals for the Second Circuit as second or successive claims.

Remaining claims and amended petition

The court treated Simpson’s remaining claims, including his request for relief from his immediate custody, as additional § 2254 claims. It gave him 60 days to notify the court in writing if he wanted to withdraw those claims. If he wanted to continue pursuing them under § 2254, the court granted him leave to file an amended petition.

The amended petition must identify every ground for relief, the facts supporting each ground, and the relief requested. Simpson also must state whether he exhausted available state-court remedies or explain why exhaustion should be excused. The court noted that he described a state proceeding concerning his immediate confinement but did not provide its status, any decisions, or information about appeals. The court further directed him to address the federal one-year filing deadline and any facts supporting timeliness or equitable tolling.

Disposition

This order did not decide whether Simpson was entitled to release, whether prison conditions violated federal law, or whether his convictions or sentences were unlawful. The court directed him to show cause regarding possible transfer of the sentence claims, granted him 60 days to withdraw remaining claims, and granted him 60 days’ leave to file an amended petition. The court stated that if he failed to comply without good cause, it would deny his habeas claims without prejudice. It also declined to issue a certificate of appealability and certified that an appeal would not be taken in good faith, so permission to proceed without paying the appeal fee was denied.