Upson v. Capra
- Laura Swain
- 1:22-cv-02240
- U.S. District Court · Southern District of New York
- 2
In Upson v. Capra, Chief Judge Swain transferred Upson’s habeas case to the Eastern District of New York and ruled no appeal certificate would issue and appeal fee waiver was denied.
Shaquille Upson, whose habeas case was transferred to the Eastern District of New York, and the courts handling that case.
What happened
In Upson v. Capra, Shaquille Upson, who was incarcerated at Sing Sing Correctional Facility and represented himself, filed a petition challenging the constitutionality of his 2020 conviction in Kings County, New York.
Because Kings County is in the Eastern District of New York, the court transferred the case there under its local rule. The order closed the case in the Southern District of New York, and left any decision about proceeding without paying fees to the Eastern District court.
Chief United States District Judge Laura Taylor Swain ruled that Upson had not made the required substantial showing of a constitutional violation, so no certificate allowing an appeal would issue. She also denied permission to appeal without paying fees and directed the Clerk to mail Upson a copy of the order.
The detailed version
- Upson v. Capra · No. 1:22-cv-02240
- Laura Swain
- Mar. 21, 2022
Background
Shaquille Upson, who was incarcerated at Sing Sing Correctional Facility, filed a petition under 28 U.S.C. § 2254 challenging the constitutionality of his 2020 conviction in the New York Supreme Court, Kings County. The opinion states that Upson proceeded without a lawyer. The respondent was Michael Capra, Superintendent of Sing Sing Correctional Facility.
Transfer
The court transferred the case under Local Civil Rule 83.3 to the United States District Court for the Eastern District of New York because Kings County, where Upson was convicted and sentenced, is located in that district. The Clerk was directed to transfer the action. The court stated that the Eastern District would decide whether Upson could proceed without paying fees. The order closed the case in the Southern District of New York.
Appeal-related rulings
The court stated that Upson had not made a substantial showing that a constitutional right had been denied. It therefore ruled that a certificate of appealability would not issue. A certificate of appealability is a court document required to appeal certain habeas rulings. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without paying fees. The Clerk was directed to mail Upson a copy of the order and record service on the docket.
Disposition and classification
The court transferred the action to the Eastern District of New York and closed the case in the Southern District of New York. It did not decide whether Upson’s conviction was constitutional. The order is classified as a procedural order because it transferred the case without reaching the merits of the habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.