McPherson v. Lilley

Background

Brad McPherson, who is incarcerated at Eastern New York Correctional Facility, filed a petition without a lawyer under 28 U.S.C. § 2254. The petition challenges the constitutionality of McPherson’s 2019 conviction in the New York Supreme Court, Richmond County. The respondent is identified as Supt. Lilley.

Transfer ruling

The court transferred the action under Local Civil Rule 83.3 to the U.S. District Court for the Eastern District of New York. The court explained that Richmond County, where McPherson was convicted and sentenced, is located in that district. The court directed the Clerk of Court to make the transfer and stated that the transfer closed the case in the Southern District of New York.

Fees and appeal

The court noted that McPherson had not paid the filing fee or submitted an application to proceed without paying it. It left the decision about whether he may proceed without paying fees to the transferee court. The court also ruled that a certificate of appealability would not issue because McPherson had not made a substantial showing that a constitutional right was denied. It certified that an appeal would not be taken in good faith and denied permission to appeal without paying fees for that purpose.

The order transferred the case and did not decide the merits of McPherson’s challenge to his conviction.