Shabazz v. Kopp
- Jesse Furman
- 1:23-cv-10907
- U.S. District Court · Southern District of New York
- 1
In Shabazz v. Kopp, Judge Furman transferred Malik Shabazz’s habeas case to the Northern District of New York without deciding his constitutional challenge.
Malik Shabazz’s federal challenge to his state conviction was transferred from the Southern District of New York to the Northern District of New York; the opinion did not decide the constitutional challenge.
What happened
In Shabazz v. Kopp, Malik Shabazz, who is incarcerated at Sing Sing Correctional Facility, filed a petition without a lawyer asking a federal court to review the constitutionality of his July 11, 2018 conviction in Albany County, New York.
Because Albany County is in the Northern District of New York, the Southern District of New York decided that the case should be heard there. The transfer moved the case but did not resolve whether Shabazz’s conviction was constitutional.
Judge Jesse M. Furman ordered the transfer. He also said that no certificate allowing an appeal would issue, and denied permission to appeal without paying the filing fee because the appeal would not be taken in good faith.
The detailed version
- Shabazz v. Kopp · No. 1:23-cv-10907
- Jesse Furman
- Dec. 19, 2023
Background
Malik Shabazz, identified as the petitioner, filed a petition under 28 U.S.C. § 2254, a procedure through which a person in state custody asks a federal court to review the legality or constitutionality of the state conviction. The opinion states that Shabazz was incarcerated at Sing Sing Correctional Facility and filed the petition without a lawyer. He challenged the constitutionality of his July 11, 2018 conviction in the New York Supreme Court, Albany County. The opinion also states that Shabazz paid the $5 filing fee.
Transfer
The Southern District of New York did not decide the constitutional challenge. Because Shabazz was convicted and sentenced in Albany County, and Albany County is located in the Northern District of New York, the court directed the Clerk of Court to transfer the action to the United States District Court for the Northern District of New York under Local Rule 83.3 and 28 U.S.C. § 112(a).
Appeal-related rulings
Judge Jesse M. Furman stated that Shabazz had not, at that time, made a substantial showing that a constitutional right had been denied. The court therefore ruled that a certificate of appealability would not issue. It also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without paying the filing fee. The court directed the Clerk to mail the order to Shabazz.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.