Azeez v. John/Jane Doe
- Kenneth Karas
- 7:22-cv-06028
- U.S. District Court · Southern District of New York
- 18
In Azeez v. John/Jane Doe, Judge Swain denied Abdool Azeez’s petition without prejudice because he was still exhausting state-court claims.
Abdool Azeez, whose federal petition was denied without prejudice while he pursued state-court remedies; the Clerk of Court was directed to provide the § 2254 form and issue judgment.
What happened
In Azeez v. John/Jane Doe, the court had directed Abdool Azeez to complete a petition form for challenging a state conviction or sentence in federal court. Azeez told the Clerk’s Office that he did not intend to file that petition yet because he was still pursuing his constitutional claims in state court.
The court denied the petition without prejudice to a later petition filed after Azeez completes state-court review of those claims. The court directed the Clerk’s Office to provide the required form.
Judge Laura Taylor Swain also ruled that no certificate allowing an appeal would issue, denied permission to proceed without paying appeal fees, and directed the Clerk of Court to enter judgment.
The detailed version
- Azeez v. John/Jane Doe · No. 7:22-cv-06028
- Kenneth Karas
- Oct. 24, 2022
Background
The court had previously directed Abdool Azeez to complete a form for a petition under 28 U.S.C. § 2254, which permits a person in state custody to ask a federal court for relief from a state conviction or sentence. Azeez then wrote to the Clerk’s Office that he did not intend to file his § 2254 petition at that time. He said he was currently pursuing his unexhausted constitutional claims in state court and intended to return to federal court after completing that process.
Ruling
The court denied the petition without prejudice to a § 2254 petition that Azeez might file after exhausting his constitutional claims in state court. “Without prejudice” means the order did not bar a later petition on that basis. The court directed the Clerk of Court to attach a § 2254 petition form to the order.
The court also ruled that a certificate of appealability would not issue because Azeez had not made a substantial showing that a constitutional right had been denied. It certified that any appeal would not be taken in good faith and denied permission to proceed without paying the required fees for an appeal. The court directed the Clerk of Court to issue judgment.
Disposition
The petition was denied without prejudice. The court did not decide the substance of Azeez’s constitutional claims.
Read the full 18-page opinion on CourtListener, the free public archive maintained by the Free Law Project.