Diaz v. The People of the State of New York
- Laura Swain
- 1:23-cv-03845
- U.S. District Court · Southern District of New York
- 2
Diaz v. The People, Chief Judge Swain dismissed Diaz’s duplicate federal petition without prejudice because an identical petition was already pending.
Carlos Diaz’s duplicate federal petition was dismissed without prejudice; his separate petition under docket number 23-CV-3800 remained the pending action identified by the court.
What happened
In Diaz v. The People of the State of New York, Carlos Diaz challenged his 2016 New York County conviction in a federal petition. The opinion says he was incarcerated, represented himself, and had previously filed an identical petition.
The earlier petition was opened under docket number 23-CV-3800, while this petition was opened under docket number 23-CV-3845. Both challenged the same conviction and raised the same grounds for relief.
Chief Judge Laura Taylor Swain dismissed this petition without prejudice as duplicative and directed Diaz to make further submissions in the pending case. The court also declined to issue a certificate allowing an appeal and denied permission to appeal without paying filing fees.
The detailed version
- Diaz v. The People of the State of New York · No. 1:23-cv-03845
- Laura Swain
- May 8, 2023
Background
Carlos Diaz, who was incarcerated at Clinton Correctional Facility and appeared without a lawyer, filed a petition under 28 U.S.C. § 2254. This type of petition asks a federal court to review a state-court conviction. Diaz challenged his 2016 New York County conviction under Indictment Number 396/2013.
Reason for dismissal
The court stated that Diaz had already submitted an identical § 2254 petition challenging the same conviction. That earlier petition was opened under docket number 23-CV-3800 after being received on May 5, 2023. The present petition was received by mail and opened on May 8, 2023. Because the two petitions challenged the same conviction and raised the same grounds for relief, the court treated this petition as duplicative.
Ruling
Chief United States District Judge Laura Taylor Swain dismissed this petition without prejudice as duplicative of the § 2254 petition under docket number 23-CV-3800. The court directed that further submissions be made in the pending action. It also ruled that a certificate of appealability would not issue because the filing did not make a substantial showing that a constitutional right had been denied. In addition, the court denied permission to appeal without paying filing fees, finding that an appeal would not be taken in good faith, and directed the Clerk of Court to enter judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.