Uchemmadu v. Warden, Superintendent, NYC Dept. of Correction

Background

Nwaodu Uchemmadu, who was incarcerated at the North Infirmary Command on Rikers Island, filed a self-represented petition under 28 U.S.C. § 2241 challenging the lawfulness of his detention arising from criminal proceedings pending in Brooklyn, Kings County, New York.

Jurisdiction and Transfer

For a detention petition under Section 2241, the court generally must have authority over the person responsible for the petitioner’s custody. The court explained that jurisdiction generally lies in the federal district where the petitioner is confined. Rikers Island is generally understood to fall within both the Southern and Eastern Districts of New York, so both districts could consider Uchemmadu’s petition.

Uchemmadu’s criminal proceedings were pending in the Criminal Part of the New York Supreme Court, Kings County, under Indictment No. 72866/23. Because that court is located in the Eastern District of New York, the Southern District transferred the petition to that district under 28 U.S.C. § 1404(a), which permits transfer in the interest of justice. The order closed the case in the Southern District.

Other Rulings

The court stated that Uchemmadu had not made a substantial showing that a constitutional right was denied, so it would not issue a certificate of appealability. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without paying the filing fee for purposes of an appeal.

Disposition

The court transferred the Section 2241 action to the United States District Court for the Eastern District of New York and closed the case in the Southern District. The order did not decide whether Uchemmadu’s detention was lawful.