Kelson v. Miller
- Laura Swain
- 1:24-cv-09099
- U.S. District Court · Southern District of New York
- 2
In Kelson v. Miller, Judge Swain transferred the petition challenging Kelson’s conviction to the Eastern District of New York.
Isaiah Kelson, whose petition was transferred from the Southern District of New York to the Eastern District of New York; the transferee court will decide whether he may proceed without paying fees.
What happened
In Kelson v. Miller, Isaiah Kelson, who is incarcerated at Green Haven Correctional Facility and is representing himself, asked a federal court to review the constitutionality of his 2020 conviction in Richmond County, New York.
The Southern District of New York transferred the case to the Eastern District of New York because Richmond County is located there. The court closed the Southern District case and left any decision about allowing Kelson to proceed without paying filing fees to the transferee court.
Judge Laura Taylor Swain also ruled that no certificate allowing an appeal would issue because Kelson had not made a substantial showing that a constitutional right was denied. The court further denied fee-free status for any appeal and certified that an appeal would not be taken in good faith.
The detailed version
- Kelson v. Miller · No. 1:24-cv-09099
- Laura Swain
- Nov. 27, 2024
Background
Isaiah Kelson, who is incarcerated at Green Haven Correctional Facility, filed a petition under 28 U.S.C. § 2254 asking a federal court to review the constitutionality of his 2020 conviction in the New York Supreme Court, Richmond County. He proceeded without a lawyer.
Transfer
The Southern District of New York transferred the action under Local Rule 83.3 to the United States District Court for the Eastern District of New York. The court explained that Kelson was convicted and sentenced in Richmond County, which is located in the Eastern District of New York. The order directs the Clerk of Court to transfer the action and states that the Southern District case is closed.
Other rulings
The court stated that the transferee court would decide whether Kelson may proceed without paying fees. Because Kelson had not made a substantial showing that a constitutional right was denied, the court ruled that a certificate of appealability would not issue. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal.
Disposition
The court transferred the action to the Eastern District of New York. The order did not decide whether Kelson’s conviction was constitutional.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.