Fernandez v. Capra

Background

Welinton Fernandez, who is incarcerated at Sing Sing Correctional Facility, filed a petition without a lawyer under 28 U.S.C. § 2254. He challenged the constitutionality of his January 21, 2020 conviction in the New York Supreme Court, Queens County. The opinion does not decide the substance of that challenge.

Transfer

The Southern District of New York transferred the action under Local Rule 83.3 to the United States District Court for the Eastern District of New York. The court explained that Queens County, where Fernandez was convicted and sentenced, is located in the Eastern District. The order directed the Clerk of Court to transfer the action and mail Fernandez a copy. It also stated that the receiving court would decide whether Fernandez could proceed without paying fees. The order closed the case in the Southern District of New York.

Appeal-related rulings and disposition

Judge Laura Taylor Swain stated that Fernandez had not, at that time, made a substantial showing that a constitutional right was denied, so a certificate of appealability would not issue under 28 U.S.C. § 2253. The court also certified that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal under 28 U.S.C. § 1915(a)(3). The court transferred the action; it did not rule on the merits of Fernandez’s habeas petition.