Fall v. Kopp

Background

Cheichk Fall, who the opinion says is incarcerated at Sing Sing Correctional Facility, filed a petition under 28 U.S.C. § 2254 challenging his June 6, 2019 conviction in New York Supreme Court, New York County. He had pleaded guilty to first-degree manslaughter and third-degree criminal possession of a weapon and was sentenced as a second felony offender to an aggregate 20-year prison term. The New York Appellate Division affirmed the conviction, and the New York Court of Appeals denied leave to appeal. The opinion says Fall did not seek review in the United States Supreme Court.

Fall originally filed the federal petition in the Eastern District of New York, which transferred it to the Southern District of New York. The Southern District initially dismissed the petition and entered judgment after Fall did not timely pay the $5 filing fee or submit an application to proceed without paying it. After Fall paid the fee and filed a notice of appeal, the court treated the payment as including a request to reconsider. It granted that request, vacated the dismissal and judgment, and reopened the case. The court concluded that the appeal from the vacated judgment was moot and that it retained jurisdiction.

Why the Court Required an Amendment

Federal Rule of Civil Procedure governing § 2254 petitions requires a state prisoner to identify every ground for relief, provide the facts supporting each ground, and state the requested relief. Under the screening rule for these petitions, a court may review and dismiss a petition without requiring a response from the state if the petition plainly shows that the petitioner is not entitled to relief. The court also explained that filings by people without lawyers are read generously, but those litigants still must follow relevant procedural and substantive rules.

Fall left blank the petition sections asking him to identify his grounds for relief and the facts supporting them. After reviewing the filing, the court found that neither it nor the respondent could determine the constitutional basis of the petition. The court also directed Fall, in any amended petition, to describe the steps he had taken to fully use available remedies in the New York courts, because federal habeas relief generally requires exhaustion of available state-court remedies.

Ruling and Case Status

Chief United States District Judge Laura Taylor Swain granted Fall leave to submit an amended petition within 60 days of the order. The amended filing must be captioned “Amended Petition,” use the same docket number, and include the information specified by the court. The court stated that the amended petition would completely replace the original petition. After submission, it would be reviewed for substantive sufficiency and, if proper, reassigned to a district judge under the Clerk’s Office procedures.

The court warned that if Fall failed to comply within the allowed time and could not show good cause, the petition would be denied. Because Fall had not made a substantial showing that a constitutional right was denied, the court ruled that no certificate of appealability would issue. It also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying the fee.