Azeez v. John/Jane Doe
- Kenneth Karas
- 7:22-cv-06028
- U.S. District Court · Southern District of New York
- 19
In Azeez v. John/Jane Doe, Judge Swain reopened the case, denied counsel without prejudice, and gave Azeez 60 days to submit a completed petition form.
Abdool Azeez’s federal challenge to his state-court conviction was reopened, but the court did not decide the challenge’s merits. His request for appointed counsel was denied without prejudice.
What happened
In Azeez v. John/Jane Doe, Abdool Azeez sought to challenge a state-court conviction but had not identified the conviction or filed a completed federal petition. He previously told the court he was still pursuing claims in state court, and the court had denied his earlier petition without prejudice.
Azeez later asked the court to appoint a lawyer to prepare and file his federal petition. The court also treated his request as asking to reopen the case. The opinion did not decide whether his conviction or sentence violated federal law.
Judge Laura Taylor Swain granted the request to reopen, directed the Clerk to vacate the earlier dismissal and civil judgment, and gave Azeez 60 days to submit a completed Section 2254 form. The judge denied his request for appointed counsel without prejudice, allowing him to renew that request after submitting the form.
The detailed version
- Azeez v. John/Jane Doe · No. 7:22-cv-06028
- Kenneth Karas
- June 14, 2023
Background
Abdool Azeez was proceeding without a lawyer and sought to challenge a state-court conviction. The opinion states that he did not identify the conviction. After Azeez requested a form for a petition under 28 U.S.C. § 2254, the court directed him to complete one. Azeez then told the Clerk’s Office that he did not intend to file the petition at that time because he was pursuing his unexhausted constitutional claims in state court. On October 24, 2022, the court denied the petition without prejudice to a later Section 2254 petition filed after exhaustion of those claims.
On June 1, 2023, the court received Azeez’s letter asking for a lawyer to prepare and file his federal petition. The court treated that letter as both a request for appointed counsel and a motion to reopen the action.
Appointment of Counsel
The court denied the request for appointed counsel without prejudice. It explained that there is no constitutional right to a lawyer in federal proceedings challenging a state conviction, although a court may appoint counsel for an eligible person when the interests of justice require it. The court considered factors including the likelihood of success, the complexity of the legal issues, and the person’s ability to investigate and present the case. It concluded that appointment was not warranted at that time because Azeez had not submitted a petition that would allow the court to assess those factors. The court stated that he could apply again after submitting a completed Section 2254 form.
Reopening and Required Filing
The court granted Azeez’s request to reopen the action. It directed the Clerk to vacate the earlier order of dismissal and the civil judgment and to reopen the case. The court gave Azeez 60 days to complete and submit the attached Section 2254 form, caption it as an “Amended Petition,” and use the same docket number.
At this stage, Azeez was required to provide the date and court of his conviction, information about his direct appeal and any post-conviction motions, and the grounds he intended to raise. If he believed the petition was late, he was required to explain the delay. The court stated that he did not need to provide legal arguments at this stage and only needed to complete the form.
Disposition
The court granted the request to reopen, directed the Clerk to vacate the dismissal order and civil judgment, and granted Azeez 60 days to submit the completed form. It denied Azeez’s request for appointed counsel without prejudice to renewal. The court did not decide the merits of any challenge to Azeez’s conviction or sentence.
Read the full 19-page opinion on CourtListener, the free public archive maintained by the Free Law Project.