Wells v. Keyser

Background

Nolan Wells, proceeding without a lawyer, filed a petition under 28 U.S.C. § 2254 seeking immediate release from state custody during the COVID-19 pandemic. He alleged that continued incarceration violated due process and endangered his health, life, and liberty under the Fifth, Sixth, Eighth, and Fourteenth Amendments. The opinion says Wells was purportedly convicted of first-degree manslaughter in New York Supreme Court, Kings County, and sentenced to a determinate term of 22 years. It also says he did not appeal his conviction.

Wells was in the custody of the New York State Department of Corrections and Community Supervision at the Sullivan County Correctional Facility. He alleged that staff members had tested positive for COVID-19 and that his history of asthma-related complications placed him at special risk. He also challenged the conditions of incarceration, including the closeness of inmate cells, limits on personal protective equipment, and the difficulty of enforcing social distancing.

Procedural History and Standards

The respondent moved under Federal Rule of Civil Procedure 12(b)(6) to dismiss the petition for failure to state a claim and failure to exhaust state remedies. Magistrate Judge Lisa M. Smith issued a report and recommendation on August 14, 2020, recommending that the petition be dismissed without prejudice. No objection was filed.

Because there was no timely objection, Judge Roman reviewed the report and recommendation for clear error. The court stated that Magistrate Judge Smith found Wells had not asserted that he exhausted his claim in state court and had not shown that the failure to exhaust was excusable. The court also noted that Wells relied mainly on general allegations about the danger COVID-19 posed to inmates with underlying health conditions and did not identify specific actions by the corrections department toward him that would support a claim.

Ruling

Judge Roman found no clear error, adopted the report and recommendation in its entirety, and denied the petition for a writ of habeas corpus without prejudice to Wells’s right to pursue such claims in state court. The court directed the Clerk to enter judgment, terminate the case, and send Wells a copy of the order.

The court further ruled that Wells had not made a substantial showing that a constitutional right had been denied, so it would not issue a certificate of appealability. It also certified that an appeal would not be taken in good faith and denied permission to appeal without paying court fees.