Bennett v. Dill

Background

Anthony Bennett, who was representing himself and was committed to the Central New York Psychiatric Center, filed a petition under 28 U.S.C. § 2254. That law permits a person held under a state-court judgment or order to seek federal review. Bennett challenged the constitutionality of a March 1, 2016, New York Supreme Court order directing his civil confinement.

Transfer

The court did not decide whether the confinement order was constitutional. Instead, it transferred the case under 28 U.S.C. § 1404(a), which allows transfer to another federal district in the interests of justice. The court determined that Queens County, where the state-court order was issued, is in the Eastern District of New York. It directed the Clerk of Court to transfer the action there and closed the case in the Southern District of New York.

Other rulings

The court stated that the Eastern District of New York would decide whether Bennett could proceed without paying fees. Because Bennett had not made a substantial showing that a constitutional right was denied, the court declined to issue a certificate of appealability, which is 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 fee-free status for purposes of an appeal.

Disposition

The action was transferred to the United States District Court for the Eastern District of New York, and the Southern District of New York case was closed. Judge Colleen McMahon did not reach the merits of Bennett’s constitutional challenge.