Davilmar v. United States
- Valerie Caproni
- 1:23-cv-04318
- U.S. District Court · Southern District of New York
- 12
In Davilmar v. United States, Judge Caproni provided forms and filing guidance, explaining that a state-conviction challenge belongs under Section 2254 in the Eastern District.
Jean M. Davilmar, who received forms and instructions about the proper federal procedure and district for any challenge to his custody or state conviction.
What happened
Jean M. Davilmar, who was incarcerated at Fishkill Correctional Facility under a state conviction, sent the court a letter saying he wanted to file a petition under Section 2241 and asking for the forms.
The court explained that Section 2241 generally applies to state custody for reasons other than a criminal conviction, or to certain federal and immigration-custody challenges. It attached the relevant Section 2241 papers.
Judge Valerie Caproni also advised Davilmar that a challenge to his state conviction must be filed under Section 2254 in the Eastern District of New York. The clerk was directed to mail him the order. The court did not decide the merits of any custody challenge.
The detailed version
- Davilmar v. United States · No. 1:23-cv-04318
- Valerie Caproni
- June 8, 2023
Background
Jean M. Davilmar was incarcerated at Fishkill Correctional Facility pursuant to a state conviction. On May 23, 2023, he sent the court a letter stating that he wished to file a petition under 28 U.S.C. § 2241 and requesting the forms for doing so.
The opinion also notes that Davilmar had previously filed a separate petition concerning a federal conviction for conspiracy to commit bank fraud. That separate matter was being briefed, and this order did not decide it.
Court’s Guidance
The court explained that a petition under § 2241 may be used by a prisoner in state custody for reasons other than a judgment of conviction, such as pretrial detention while awaiting extradition. The court also identified illegal detention in immigration custody as a possible subject of a § 2241 petition.
The court attached the relevant § 2241 forms and instructions. The attached instructions address challenges to how a sentence is being carried out, pretrial detention, immigration detention, detainers, disciplinary proceedings, and other custody-related grounds. They also state that challenges to the validity of a federal conviction or sentence generally belong in a motion under § 2255, while challenges to a state conviction or sentence generally belong in a petition under § 2254.
Disposition
The court ordered that the § 2241 papers be attached to the order. It further ordered that Davilmar be advised that, if he sought to challenge his current state-court conviction under § 2254, he had to send that petition to the Eastern District of New York. The court relied on Local Rule 83.3, which provides that petitions challenging a New York State conviction must be filed in the district where the petitioner was convicted and sentenced. Judge Valerie Caproni directed the clerk to mail Davilmar a copy of the order and record the mailing on the docket.
The order did not grant or deny a habeas petition and did not decide whether Davilmar’s conviction or custody was lawful.
Read the full 12-page opinion on CourtListener, the free public archive maintained by the Free Law Project.