Scott v. Commonwealth of Pennyslvania

Background

Tonia Scott filed a petition under 28 U.S.C. § 2254, a procedure that allows a person held under a state-court conviction to challenge the legality or constitutionality of that conviction in federal court. The opinion states that Scott was incarcerated at S.C.I. Muncy in Pennsylvania, represented herself, and paid the $5 filing fee. She challenged her 2023 conviction in the Court of Common Pleas of Pike County, in Milford, Pennsylvania.

Transfer

The Southern District of New York did not address the constitutional challenge. Because Scott was convicted and sentenced in Pike County, which is located in the Middle District of Pennsylvania, the court transferred the case under 28 U.S.C. § 2241(d) and Local Civil Rule 83.3. The Clerk of Court was directed to transfer the action to the Middle District of Pennsylvania, and the order states that the case was closed in the Southern District of New York.

Additional rulings

The opinion states that Scott had previously filed multiple actions in the Southern District of New York that were transferred to the Middle District of Pennsylvania. It also states that, under 28 U.S.C. § 1651, Scott may not file a new civil action in the Southern District of New York without first obtaining permission from that court.

Because Scott had not made a substantial showing that a constitutional right was denied, the court stated that a certificate of appealability would not issue. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal. Judge Dale E. Ho therefore transferred the action and closed the case in that court without deciding the merits of Scott’s conviction challenge.