Briggs v. The People of The State of New York

Background

Michael Briggs, who is incarcerated at Attica Correctional Facility, filed a petition under 28 U.S.C. § 2254. That statute allows a state prisoner to ask a federal court to review whether the imprisonment violates federal law. Briggs challenged the constitutionality of his March 31, 2014 conviction in the New York Supreme Court for Schenectady County. The opinion identifies Briggs as representing himself.

Reason for Transfer

Schenectady County is located in the Northern District of New York. Relying on Local Rule 83.3, the Southern District of New York transferred the action to the United States District Court for the Northern District of New York. The order did not address the substance of Briggs’s constitutional challenge.

Ruling and Effect

The court directed the Clerk of Court to transfer the action to the Northern District of New York and closed the case in the Southern District of New York. It left to the transferee court—the court receiving the case—the question whether Briggs may proceed without paying fees.

The court also stated that Briggs had not, at that time, made the required substantial showing that a constitutional right was denied, so a certificate of appealability would not issue. A certificate of appealability is required for an appeal in this type of case. The court further certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.