Nwaogu v. Warden Superintendent NYC - Department of Correction
- Laura Swain
- 1:25-cv-05716
- U.S. District Court · Southern District of New York
- 3
In Nwaogu v. Warden Superintendent NYC, Judge Swain transferred Nwaogu’s federal detention petition to the Eastern District of New York.
Uchemmadu Nwaogu’s detention challenge was transferred to the Eastern District of New York; the Southern District of New York closed the case there, and the receiving court was left to decide whether he could proceed without paying the filing fee.
What happened
In Nwaogu v. Warden Superintendent NYC, Uchemmadu Nwaogu, who was incarcerated on Rikers Island and representing himself, challenged the lawfulness of his detention arising from criminal proceedings in Brooklyn, New York.
The court said both the Southern and Eastern Districts of New York could consider the petition because Rikers Island is generally treated as part of both districts. The court also noted that Nwaogu’s criminal proceedings were pending in Kings County, which is in the Eastern District, and that he had previously filed an identical petition that was transferred there.
The court transferred this case to the Eastern District of New York in the interest of justice and closed the case in the Southern District. Judge Laura Taylor Swain left any decision about proceeding without paying the filing fee to the receiving court, declined to issue a certificate allowing an appeal, and denied fee-free status for an appeal.
The detailed version
- Nwaogu v. Warden Superintendent NYC - Department of Correction · No. 1:25-cv-05716
- Laura Swain
- July 17, 2025
Background
Uchemmadu Nwaogu, who was incarcerated in the North Infirmary Command on Rikers Island and was representing himself, filed a petition under 28 U.S.C. § 2241 challenging the lawfulness of his detention. The detention arose from criminal proceedings pending in the Criminal Part of the New York Supreme Court, Kings County, under Indictment No. 72866/23.
Jurisdiction and Transfer
A court deciding a petition under Section 2241 generally must have authority over the person or entity holding the petitioner. For a challenge to physical confinement, that authority generally exists in the federal district where the petitioner is confined. The court stated that Rikers Island is generally understood to be part of both the Southern and Eastern Districts of New York, so both courts had authority to consider Nwaogu’s petition.
The court nevertheless transferred the case under 28 U.S.C. § 1404(a), which allows a federal court to transfer a case in the interest of justice. It relied on three circumstances: Nwaogu’s custodian was located in the Eastern District, his criminal proceedings were pending in Kings County within that district, and the court had previously transferred an identical Section 2241 petition filed by Nwaogu to the Eastern District. That earlier petition was pending there under docket number 1:25-CV-3345 (PK).
Disposition
The court transferred this habeas action to the United States District Court for the Eastern District of New York and closed the case in the Southern District of New York. It left the question whether Nwaogu could proceed without paying the filing fee to the receiving court. The court also stated that Nwaogu had not made a substantial showing that a constitutional right was denied, so it would not issue a certificate of appealability. It certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.
Judge
The order was signed by Laura Taylor Swain, Chief United States District Judge.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.