Best v. New York City Police Department Sex Offender Unit

Background

Hillary Best filed a self-represented petition under 28 U.S.C. § 2254 challenging the constitutionality of a 2007 conviction in the New York Supreme Court, Queens County. Best argued that the criminal proceedings leading to the conviction were “jurisdictionally defective.” The opinion states that Best paid the $5.00 filing fee. It also notes that it was unclear whether Best remained in custody on the conviction, and cites decisions stating that sex-offender registration and related requirements generally do not satisfy the federal custody requirement for this type of petition.

Transfer

The Southern District of New York explained that Queens County is located in the Eastern District of New York. Under Local Rule 83.3, it transferred the action to the United States District Court for the Eastern District of New York. The opinion does not decide Best’s constitutional challenge or otherwise resolve the validity of the conviction.

Disposition

Judge Colleen McMahon directed the clerk to mail Best a copy of the order, note service on the docket, and transfer the action to the Eastern District of New York. The order closed the case in the Southern District of New York. The court also determined that Best had not made a substantial showing that a constitutional right was denied, so a certificate of appealability would not issue. It further certified that an appeal would not be taken in good faith and denied permission to appeal without paying court costs.