Parker v. Superintendent of Coxsackie Correctional Facility

Background

Quahsym S. Parker, who was incarcerated at Coxsackie Correctional Facility and represented himself, filed a petition under 28 U.S.C. § 2254 challenging his June 28, 2019, conviction in Dutchess County Court. The opinion states that he pleaded guilty to criminal possession of a weapon in the second degree, driving while intoxicated, and unlawful possession of marijuana. He received a sentence of 12 years of imprisonment and five years of post-release supervision.

The New York Appellate Division, Second Department affirmed the conviction on August 25, 2021, and the New York Court of Appeals denied leave to appeal on November 22, 2021. Parker identified two grounds for federal relief: that the judge in his criminal case should have recused himself because the judge was a former prosecutor who allegedly had a personal problem with Parker’s father, Darren Parker, arising from an earlier case; and that the trial court lacked jurisdiction. Parker’s supporting statement also described other alleged violations, but the court could not determine whether he intended to raise them as additional grounds.

Statute of Limitations

A petition under § 2254 generally must be filed within one year from the applicable date listed in 28 U.S.C. § 2244(d). Because Parker pursued a direct appeal, the court calculated that his conviction became final on February 21, 2022, after the period for seeking review by the United States Supreme Court expired. The court therefore concluded that the ordinary deadline for filing was February 21, 2023.

The court received Parker’s petition on July 10, 2023. It therefore appeared to have been filed more than four months late. Parker stated that he had filed a post-conviction motion under New York Criminal Procedure Law § 440.10, but he did not provide the filing or decision dates. State post-conviction proceedings can pause the federal limitations period if they were pending during the one-year period; proceedings filed after that period do not restart it. Because the available information did not show whether Parker’s state proceedings paused the deadline, the court gave him an opportunity to provide additional facts rather than immediately denying the petition as untimely.

Pleading Requirements and Leave to Amend

The court also found that Parker’s petition did not clearly identify all grounds for relief, the constitutional basis for each ground, or the facts supporting each claim as required by Rule 2(c) of the Rules Governing § 2254 Cases. The court directed him to file an amended petition that clearly states every constitutional claim, the supporting facts, the requested relief, and the steps he took to present each claim to the New York courts.

The court granted Parker leave to amend within 60 days of the order. The amended petition must include dates for his state post-conviction applications and motions, state-court decisions, appeals, applications for permission to appeal, and notice of those decisions. It must also include facts concerning diligent pursuit of his rights, circumstances that allegedly prevented timely filing, or grounds for pausing the limitations period. The court explained that an amended petition replaces the original petition, so Parker must include all information he wants the court to consider.

Disposition

The court directed Parker to file the amended petition with the court’s Pro Se Intake Unit within 60 days, using the same docket number and labeling it an amended petition. No answer from the Respondent was required at that stage. The court stated that, if Parker timely filed a proper amended petition, it would review the filing and, if appropriate, order the Respondent to answer. If he failed to comply and could not show good cause, the petition would be denied.

The court also stated that a certificate of appealability would not issue because Parker had not then made a substantial showing that a constitutional right had been denied. It certified that an appeal would not be taken in good faith and denied permission to proceed without paying the appeal-related filing costs. The order was signed by Chief United States District Judge Laura Taylor Swain.