Jones v. State of New York

Background

Richard Jones, who was incarcerated at Elmira Correctional Facility, filed a self-represented petition under 28 U.S.C. § 2254 challenging the constitutionality of his 2015 conviction in the New York Supreme Court, Kings County. A petition under § 2254 asks a federal court to review a state-court conviction or sentence.

Transfer

The Southern District of New York transferred the action under Local Rule 83.3 because Jones was convicted and sentenced in Kings County, which is in the Eastern District of New York. The court directed the Clerk to mail Jones a copy of the order, record service on the docket, and transfer the action. The court also stated that the Eastern District of New York would decide whether Jones could proceed without paying fees. The order closed the case in the Southern District of New York.

Appeal-related rulings and disposition

The court stated that Jones had not made a substantial showing that a constitutional right had been denied, so it would not issue a certificate of appealability. A certificate of appealability is court authorization required for an appeal in this type of case. The court also certified that an appeal would not be taken in good faith and denied payment-free status for purposes of an appeal.

Judge Colleen McMahon therefore transferred the action to the United States District Court for the Eastern District of New York, closed the Southern District case, declined to issue a certificate of appealability, and denied payment-free status for an appeal.