Noble v. Warden John/Jane Doe
- Laura Swain
- 1:23-cv-11062
- U.S. District Court · Southern District of New York
- 2
In Noble v. Warden John/Jane Doe, Judge Swain transferred Noble’s conviction challenge to the Eastern District of New York without deciding its merits.
Jerome Noble and his petition challenging his 2023 Kings County conviction; the case was moved from the Southern District of New York to the Eastern District of New York.
What happened
In Noble v. Warden John/Jane Doe, Jerome Noble filed a self-represented petition challenging the constitutionality of his 2023 conviction in Kings County, New York.
Because Noble was convicted and sentenced in Kings County, the Southern District of New York determined that the Eastern District of New York was the proper court to handle the case. The court therefore transferred the action under its Local Rule 83.3 without deciding whether Noble’s conviction was constitutional.
The order directed the Clerk to transfer the case, left the fee question to the Eastern District, and closed the case in the Southern District. Judge Laura Taylor Swain also denied permission to appeal without paying fees and said that no certificate allowing an appeal would issue.
The detailed version
- Noble v. Warden John/Jane Doe · No. 1:23-cv-11062
- Laura Swain
- Jan. 22, 2024
Background
Jerome Noble, who was incarcerated at the George R. Vierno Center on Rikers Island, filed a self-represented petition for a writ of habeas corpus under 28 U.S.C. § 2254. He challenged the constitutionality of his 2023 conviction in the New York Supreme Court, Kings County.
Transfer
The court stated that Kings County is located in the Eastern District of New York and that Noble was convicted and sentenced there. Under Local Rule 83.3, the court transferred the action to the United States District Court for the Eastern District of New York. The order did not decide the merits of Noble’s constitutional challenge.
Disposition
The Clerk was directed to transfer the action to the Eastern District of New York. The transferee court was left to decide whether Noble could proceed without paying fees. The order closed the case in the Southern District of New York.
The court also stated that Noble had not made a substantial showing that a constitutional right was denied, so a certificate of appealability would not issue. It certified that an appeal would not be taken in good faith and denied permission to appeal without paying fees. The order was signed by Laura Taylor Swain, Chief United States District Judge.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.