Lewis v. Philps

Background

Regina Lewis, who was representing herself, filed a petition labeled a “Habeas Corpus writ” while she was detained at the Rose M. Singer Center on Rikers Island. She sought immediate release from custody and dismissal of all charges. The court construed the filing as a petition challenging her detention under 28 U.S.C. § 2241, which permits a person in custody to challenge detention that violates federal law or the Constitution.

The opinion states that Lewis’s current physical location was unclear. It notes that a New York State court in Queens County had ordered her remand and a psychiatric examination, while New York City Department of Correction records indicated that she had been released on June 30, 2021.

Transfer

The court explained that a federal court generally hears a detention challenge in the district where the person is confined because the case concerns the person’s custodian. Although Lewis’s current location was uncertain, her criminal case was pending in the New York State Supreme Court, Queens County. That court is located in the Eastern District of New York. For that reason, and in the interest of justice, the court transferred the petition to that district under 28 U.S.C. § 1406(a).

Disposition

The court directed the Clerk of Court to mail Lewis a copy of the order, record service on the docket, and transfer the action to the Eastern District of New York. It stated that the receiving court would decide whether Lewis could proceed without paying filing fees. The order closed the case in the Southern District of New York. The court also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.