Griffin v. Superintendent

Background

Jeremiah J. Griffin, who was detained at the Manhattan Detention Complex, filed a petition without a lawyer under 28 U.S.C. § 2241. He challenged two criminal cases pending in the New York Supreme Court, Kings County. The opinion states that Griffin had not paid the $5.00 filing fee or submitted a completed and signed request to proceed without paying the fee.

Transfer

Under 28 U.S.C. § 1404(a), a federal district court may transfer a civil action to another district for the convenience of the parties and witnesses and in the interest of justice. Because Griffin’s criminal cases were pending in Kings County, which is located in the Eastern District of New York, the court transferred the action to the U.S. District Court for the Eastern District of New York.

The court expressly took no position on whether § 2241 was the proper legal vehicle for the relief Griffin sought. It left to the receiving court the decision whether to interpret Griffin’s filing differently. It also left to the receiving court the question whether Griffin could proceed without paying fees. The clerk was directed to mail Griffin a copy of the order, record service on the docket, and transfer the action. The order states that the case was closed in the Southern District of New York.

Appeal and disposition

The court stated that Griffin had not made a substantial showing that a constitutional right had been denied, so it would not issue a certificate of appealability. It also certified that an appeal would not be taken in good faith and denied permission to appeal without paying fees. The court did not reach the merits of Griffin’s challenges to the pending criminal cases. Judge Colleen McMahon signed the order.