Joaquin v. Smith

Background

Miguel E. Joaquin, the petitioner, requested a 30-day extension of time to file a declaration required by the court’s November 19, 2021 order. That earlier order required him to show cause—meaning explain why—the petition challenging his conviction should not be denied as time-barred under the one-year filing period for federal petitions challenging state convictions.

What the Court Required

The declaration was to list the dates when Joaquin filed and when state courts decided post-conviction motions challenging his conviction, including any petition for a writ of error coram nobis, motions under New York Criminal Procedure Law § 440, and other post-conviction motions. It also was to identify dates for appeals or requests for permission to appeal, decisions on those matters, and Joaquin’s receipt of notice of the state-court decisions. The court further directed him to allege facts showing that he pursued his rights diligently and that an extraordinary circumstance prevented him from filing the petition on time.

Ruling and Effect

Magistrate Judge Sarah L. Cave granted Joaquin’s request for the 30-day extension. She ordered him to file the declaration by April 4, 2022. The court stated that, if he timely filed a proper declaration, it would review it and could order Warden Brandon J. Smith to respond. No response was required at that stage. If Joaquin failed to comply and could not show good cause for the failure, the court would recommend that the petition be denied as time-barred. This order did not decide whether the petition was timely or whether Joaquin was entitled to relief.