Azeez v. John/Jane Doe
- Kenneth Karas
- 7:22-cv-06028
- U.S. District Court · Southern District of New York
- 2
In Abdool Azeez v. Lynn Lilly, Judge McCarthy denied Azeez’s request for discovery supporting his habeas petition.
Abdool Azeez’s request for discovery in support of his habeas petition was denied; the order did not resolve the underlying petition.
What happened
Abdool Azeez, representing himself, asked the court for discovery to support his petition challenging his state-court custody. Lynn Lilly, the superintendent named as respondent, opposed the request.
The court said habeas petitioners are not automatically entitled to discovery and must show specific reasons to believe the requested materials could help them win. It found that Azeez had already received the relevant discovery during his state proceedings, that grand-jury materials could not be discovered, and that he had not made the required specific showing.
Judge Judith C. McCarthy denied Azeez’s motion for discovery. The order did not decide the underlying habeas petition.
The detailed version
- Azeez v. John/Jane Doe · No. 7:22-cv-06028
- Kenneth Karas
- Jan. 5, 2024
Background
Abdool Azeez, proceeding without a lawyer, moved for discovery in support of his petition for a writ of habeas corpus. The District Attorney of Westchester County opposed the motion on behalf of Lynn Lilly, the superintendent identified as the respondent.
Legal standard
The court explained that a habeas petitioner is not ordinarily entitled to discovery as a routine matter. Discovery may be allowed when the judge determines that there is good cause. The petitioner has a heavy burden and must provide specific allegations giving the court reason to believe the requested discovery could help establish entitlement to relief. A generalized assertion that discovery might support the petition is not enough.
Reasoning
The court found that Azeez did not meet this burden for two reasons. First, he had already received the relevant discovery during his state-court proceedings, except for grand-jury materials, which the court said were not discoverable. Second, Azeez did not specifically show that he was more likely to prevail on his habeas petition if the court granted the motion.
Disposition
Judge Judith C. McCarthy denied Azeez’s motion for discovery. The order did not decide the merits of Azeez’s underlying habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.