Carter v. Annucci
- Edgardo Ramos
- 1:22-cv-09019
- U.S. District Court · Southern District of New York
- 2
In Carter v. Annucci, Judge Netburn denied Carter’s request for interim release while his state-custody petition remains pending.
David Carter’s request for temporary release from state custody was denied; the underlying habeas petition remained pending.
What happened
In Carter v. Annucci, David Carter asked for immediate release from state custody while his petition challenging that custody was pending. He said the COVID-19 pandemic posed a particular risk to his health and pointed to the length of his confinement.
The court applied the standard for temporary release during a habeas case, which requires extraordinary or exceptional circumstances. It found that Carter had not met that demanding standard, noting reduced COVID-19 cases, increased vaccination rates, and available medical treatment. The court also said it would not address the underlying claims until Anthony Annucci filed an answer and the state-court record.
Judge Sarah Netburn denied Carter’s request for interim release. The order did not decide the underlying habeas petition.
The detailed version
- Carter v. Annucci · No. 1:22-cv-09019
- Edgardo Ramos
- Nov. 23, 2022
Background
David Carter filed a petition under 28 U.S.C. § 2254 seeking release from state custody. The case was transferred to the Southern District of New York from the Eastern District of New York on October 23, 2022. Carter made several requests for emergency relief, including release from custody. His most recent request sought immediate interim release while the habeas petition was pending, based on the health risks he attributed to the COVID-19 pandemic and the length of his confinement.
Legal standard
The court treated Carter’s request as one for release on bail while the habeas petition was pending under Mapp v. Reno. Under the standard described by the court, temporary release is available only when extraordinary or exceptional circumstances make release necessary for the habeas remedy to be effective. Courts generally consider whether the petition presents substantial claims, whether the petitioner is likely to succeed, and whether extraordinary circumstances require release.
Ruling
The court denied Carter’s request for interim release. It acknowledged that the COVID-19 risk remained high but found that the risk had been reduced by fewer positive cases, increased vaccination rates, and available medical treatment. The court did not evaluate the merits of Carter’s habeas claims at this stage, stating that those issues would be addressed after Anthony Annucci filed an answer and the state-court record. Judge Sarah Netburn signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.