Meertins v. New York State Corrections and Community Supervision
- Laura Swain
- 1:24-cv-06185
- U.S. District Court · Southern District of New York
- 2
In Meertins v. New York State Corrections, Judge Swain transferred the habeas petition to the Eastern District of New York.
Clayton Meertins's federal challenge to his Queens County conviction and sentencing was transferred to the Eastern District of New York; the receiving court will decide whether he may proceed without paying fees.
What happened
In Meertins v. New York State Corrections and Community Supervision, Clayton Meertins, representing himself, challenged his March 22, 2024 sentencing and conviction in Queens County, New York.
The court transferred the case to the United States District Court for the Eastern District of New York because the conviction and sentencing occurred in Queens County. The transferring court closed the case, and left any decision about proceeding without paying fees to the receiving court.
Chief Judge Laura Taylor Swain also said that no certificate allowing an appeal would issue because Meertins had not made the required substantial showing of a constitutional violation. She denied fee-free status for any appeal and certified that an appeal would not be taken in good faith.
The detailed version
- Meertins v. New York State Corrections and Community Supervision · No. 1:24-cv-06185
- Laura Swain
- Sept. 4, 2024
Background
Clayton Meertins filed a petition under 28 U.S.C. § 2254, a procedure used to challenge a state-court conviction or sentence in federal court. He challenged the constitutionality of his March 22, 2024 sentencing and judgment of conviction in the New York Supreme Court, Queens County. The opinion states that Meertins represented himself.
Transfer
The court transferred the action under Local Rule 83.3 to the United States District Court for the Eastern District of New York because Queens County is located in that district. The Clerk of Court was directed to make the transfer. The order states that the case was closed in the Southern District of New York. It also states that the receiving court would decide whether Meertins could proceed further without paying fees.
Other rulings
The court stated that Meertins had not made a substantial showing that a constitutional right was denied, so a certificate of appealability would not issue under 28 U.S.C. § 2253. A certificate of appealability is a required authorization for an appeal in this type of case. The court also denied permission to appeal without paying fees and certified that an appeal from the order would not be taken in good faith.
Classification
This is a procedural order. The court transferred the petition based on the location of the state-court proceedings and did not decide whether Meertins's sentencing or conviction was constitutional.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.