Hill v. Rickard

Background

Eric Rodney Hill, who is incarcerated at FCI Otisville, filed a petition without a lawyer under 28 U.S.C. § 2254. That law allows a state prisoner to ask a federal court to review whether a conviction violated federal constitutional rights. Hill challenged his 2022 conviction in the District of Columbia Superior Court.

Transfer

The Southern District of New York transferred the action to the United States District Court for the District of Columbia because Hill was convicted and sentenced in the District of Columbia. The court directed its clerk to transfer the case and stated that the receiving court would decide whether Hill could proceed without paying fees. The order also states that Hill had not paid the $5.00 fee or filed an application to proceed without paying it. The order closes the case in the Southern District of New York.

The opinion notes that Hill had previously filed two related petitions challenging the same conviction and that both were transferred to the District of Columbia. The prior proceedings are identified in the opinion by docket numbers and dates, but this order does not decide the merits of Hill’s challenge.

Appeal-related rulings

Judge Laura Taylor Swain determined that Hill 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. The court also certified that an appeal would not be taken in good faith and denied payment-free status for purposes of an appeal.

Disposition

The action was transferred to the United States District Court for the District of Columbia, and the case was closed in the Southern District of New York.