Morrison v. Keyser

Background

Duone Morrison filed a petition under 28 U.S.C. § 2254, the federal statute allowing a person in state custody to seek federal habeas relief. Morrison sought release from custody based on conditions at Sullivan Correctional Facility during the COVID-19 pandemic. He was incarcerated and represented himself.

The respondent moved to dismiss the petition. On September 4, 2020, the court stayed the case while Morrison sought to exhaust a related state habeas claim. Morrison later reported that New York’s Third Department had dismissed his appeal on June 17, 2021, because he had been transferred to another correctional facility, making the claim moot. Morrison received notice of that decision on August 3, 2021, and asked the federal court to lift the stay and allow him to amend his petition.

Court’s Analysis

The court explained that a federal habeas claim generally cannot be granted until the petitioner has exhausted available remedies in the state courts. After receiving an adverse state appellate decision, Morrison needed to seek permission to appeal to the New York Court of Appeals. His deadline was September 7, 2021.

Morrison did not seek permission to appeal by that deadline, and the court concluded that he was barred from doing so. The court also agreed with the respondent that Morrison’s transfer had made the underlying claim moot. Because Morrison had not shown a legally recognized reason excusing his failure to pursue the state appeal, the court concluded that the claim could not proceed.

Disposition

The court lifted the stay and dismissed Morrison’s petition. It directed the clerk to terminate the case and mail Morrison a copy of the order. The opinion does not state that the dismissal was with or without prejudice.