Jackson v. Plirer

Background

Hosea Jackson, incarcerated at F.C.I. Otisville and proceeding without a lawyer, filed a petition labeled as a petition under 28 U.S.C. § 2241. He challenged the constitutionality of his conviction and sentence entered in the United States District Court for the Northern District of New York.

Jurisdictional Framework

The court stated that 28 U.S.C. § 2255, rather than § 2241, is generally the proper procedure for a federal prisoner challenging a conviction or sentence. Jackson had previously filed a § 2255 motion. The court stated that the earlier motion was denied on the merits by the district court and that the denial was affirmed on appeal.

Because the earlier motion was decided on the merits, the court recharacterized Jackson’s filing as a second or successive § 2255 motion. Before filing such a motion in a district court, a prisoner must obtain authorization from the appropriate court of appeals. The court stated that Jackson had not indicated that he received that authorization.

Disposition

The court transferred the second or successive § 2255 motion to the United States Court of Appeals for the Second Circuit under 28 U.S.C. § 1631, stating that such motions should be transferred to the appropriate court of appeals in the interest of justice. The order closed the action. The court also ruled that a certificate of appealability would not issue because the motion made no substantial showing that a constitutional right had been denied. It further certified that an appeal would not be taken in good faith and denied permission to appeal without paying filing fees. Judge Laura Taylor Swain signed the order.