Bynum v. State of New Jersey

Background

Felicia Bynum, who was detained at Essex County Correctional Facility in Newark, New Jersey, sent the Southern District of New York a letter asserting that the State of New Jersey was overcharging her in an ongoing criminal case. She also submitted two forms concerning her dissatisfaction with the attorney representing her and requesting a status hearing about that representation.

Legal framework

The court construed Bynum’s submissions together as a petition for detention relief under 28 U.S.C. § 2241. The court explained that a state prisoner generally challenges custody through a petition under 28 U.S.C. § 2254, but that § 2241 relief may be available to a state pretrial detainee challenging custody as unlawful under the Constitution or federal law.

A federal court must have jurisdiction over the person or entity responsible for the petitioner’s custody to hear a § 2241 petition. The court stated that jurisdiction over a petition challenging physical confinement generally lies in the federal district where the person is confined. Because Essex County Correctional Facility is in the District of New Jersey, the court concluded that the case should be transferred there in the interest of justice under 28 U.S.C. § 1406(a).

Ruling

The court directed the Clerk to transfer the action to the United States District Court for the District of New Jersey and closed the case in the Southern District of New York. The opinion did not decide whether Bynum was being overcharged, whether her attorney’s representation was adequate, or whether she was entitled to detention relief. It stated that the transferee court would decide whether she could proceed without paying fees.

The court also determined that Bynum had not made a substantial showing that a constitutional right had been denied, so a certificate of appealability would not issue. It certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.