Corley v. Collins
- Lewis Liman
- 1:23-cv-00479
- U.S. District Court · Southern District of New York
- 1
In Corley v. Collins, Judge Liman granted dismissal and ended the petition without prejudice because state-court remedies had not been exhausted.
Jeffrey Corley’s petition was dismissed without prejudice, and Chris Collins’s motion to dismiss was granted. Corley may file a new petition after exhausting his state-court remedies.
What happened
In Corley v. Collins, Jeffrey Corley filed a petition seeking habeas relief against Chris Collins in the Southern District of New York.
The court granted Collins’s motion to dismiss without prejudice. It dismissed the petition without prejudice to Corley filing a new petition after exhausting his state-court remedies.
Judge Lewis Liman’s court also denied permission to appeal without paying filing fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Corley v. Collins · No. 1:23-cv-00479
- Lewis Liman
- Oct. 3, 2023
Background
Jeffrey Corley filed a petition for habeas relief against Chris Collins. The judgment states that the court’s ruling was based on its Opinion and Order dated October 2, 2023, but that opinion is not included in the provided text.
Ruling
The court granted Respondent’s motion to dismiss without prejudice. It dismissed the petition without prejudice to Corley filing a new petition after he exhausted his state-court remedies. This was a procedural ruling based on the exhaustion requirement; the provided judgment does not describe a decision on the underlying claims.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees.
Effect
The judgment ended the petition at that time, while expressly allowing Corley to file a new petition after exhausting his state-court remedies. The judgment does not state what those remedies were or describe the claims raised in the petition.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.