Second Circuit – 2254 petitions: Box v. Liley

United States Court of Appeals for the Second Circuit

2254 petitions — Untimely — Motion to dismiss

Box v. Liley

23-7986

Judges Robinson, Nathan, and Briccetti

Background: The petitioner was convicted of nine criminal charges arising out of an incident in which he allegedly stabbed a victim, set the victim’s house on fire, and stole the victim’s vehicle. Following extensive litigation, the petitioner filed a 2254 petition. He appealed from an order that dismissed his 2254 petition as untimely.

Ruling: The Second Circuit vacated and remanded. The court held that when a motion nominally seeking an extension of time to file a Section 2255 petition contains sufficient allegations to support a claim under Section 2255, a district court is empowered, and in some instances may be required, to treat that motion as a substantive motion for relief under Section 2255. The Second Circuit held that the logic applies with equal force to 2254 petitions.

Kyle A. Box, pro se; Barbara D. Underwood, of NYS Office of the Attorney General, for the respondent-appellee.