Marte v. Wallkill Correctional Facility

Background

Victor Marte filed a petition under 28 U.S.C. § 2254 challenging his custody following convictions in Westchester County Court for criminal possession of a controlled substance in the second degree, criminal possession of a weapon in the third degree, and criminal use of drug paraphernalia in the second degree. The Appellate Division affirmed his conviction in April 2024, and the New York Court of Appeals denied leave to appeal in February 2025. Marte was incarcerated at Wallkill Correctional Facility.

Venue Analysis

The Eastern District of New York held that it was not the proper venue. Under 28 U.S.C. § 2241(d), a state prisoner’s habeas petition may be filed in the district where the prisoner is held or in the district where the state court that convicted and sentenced the prisoner is located. The local rules for the Eastern and Southern Districts of New York also provide that a New York state prisoner’s habeas petition should be filed in the district where the conviction and sentence occurred.

Marte was convicted and sentenced in Westchester County, and he was held in Ulster County. The court stated that both counties are within the Southern District of New York. It therefore concluded that the Southern District was the proper venue and that transfer under 28 U.S.C. § 1406 was appropriate.

Disposition

The court transferred Marte’s petition to the United States District Court for the Southern District of New York. It directed the clerk to mail Marte a copy of the order and to close the Eastern District case upon transfer. The court also withdrew its July 2 order requiring a response and waived the local rule’s seven-day delay before the transfer took effect. The order did not decide the merits of Marte’s petition.