McFadden v. Keyser
- Colleen McMahon
- 1:20-cv-04391
- U.S. District Court · Southern District of New York
- 2
In McFadden v. Keyser, Chief Judge McMahon transferred McFadden’s petition challenging his conviction to the Western District of New York.
Robert McFadden’s federal petition was transferred from the Southern District of New York to the Western District of New York; the transferee court was left to decide whether he could proceed without paying fees.
What happened
McFadden v. Keyser involved Robert McFadden, who was incarcerated at Sullivan Correctional Facility and filed a petition without a lawyer challenging the constitutionality of his 2014 New York state conviction.
The court transferred the case because McFadden was convicted and sentenced in Monroe County, which is in the Western District of New York. The receiving court would decide whether he could continue without paying filing fees, and the Southern District case was closed.
Chief United States District Judge Colleen McMahon did not decide whether McFadden’s conviction was constitutional. She also said that no certificate allowing an appeal would issue and denied permission to appeal without paying fees.
The detailed version
- McFadden v. Keyser · No. 1:20-cv-04391
- Colleen McMahon
- June 9, 2020
Background
Robert McFadden, who was incarcerated at Sullivan Correctional Facility, filed a pro se petition under 28 U.S.C. § 2254. A pro se filing is made without a lawyer. The petition challenged the constitutionality of McFadden’s 2014 conviction in New York State County Court, Monroe County.
Transfer
The Southern District of New York transferred the action under Local Civil Rule 83.3 to the United States District Court for the Western District of New York. The opinion states that McFadden was convicted and sentenced in Monroe County, which is located in the Western District. The court directed the Clerk to mail McFadden a copy of the order, note service on the docket, and transfer the action. The court also stated that the transferee court would decide whether McFadden could proceed without paying fees. The order closed the Southern District case.
Other rulings
Chief United States District Judge Colleen McMahon stated that McFadden had not made a substantial showing that a constitutional right was denied. Accordingly, the court said that a certificate of appealability would not issue. A certificate of appealability is required for an appeal in this type of proceeding. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without paying fees. The opinion does not decide the merits of McFadden’s challenge to his conviction.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.