A federal judge ruled an indictment will not be dismissed in the case of a Kuwait-born man with terrorist organization ties who is accused of stabbing a federal corrections officer in the eye with a shank.

U.S. Middle District Court Chief Judge Matthew W. Brann denied a motion to dismiss an indictment of Abdulrahman el Bahnasawy, whose attorney asked for dismissal under a violation of the Speedy Trial Act.

Bahnasawy allegedly stabbed Dale Franquet Jr. with a shank on Dec. 7, 2020, causing him to lose sight in his right eye, according to court papers.

Bahnasawy is serving a 40-year sentence for plotting in 2016 on behalf of ISIS to blow up the subway system in New York, detonate bombs in Times Square and shoot people in public places.

He is lodged at a maximum-security prison in Florence, Colorado.

The charges include two counts of assault on a federal officer and two counts each of assault with intent to commit murder and assault with a deadly weapon along with one count of possession of a prohibited object and provision of material support or resources to a designated foreign terrorist organization.