Brown v. Cook

Background

Robert Brown, who is incarcerated at Orleans Correctional Facility and is representing himself, filed a petition under 28 U.S.C. § 2254 seeking federal review of his 2000 conviction in the New York Supreme Court, Westchester County. The respondent is Amy Cook.

Reason for the Transfer

The court determined that Brown’s petition was “second or successive.” That designation applies because Brown had previously filed a petition challenging the same conviction, and the earlier petition was decided on its merits. The opinion refers to that earlier matter as a prior related proceeding.

Under 28 U.S.C. § 2244(b)(3)(A), a person must obtain authorization from the appropriate federal appeals court before filing a second or successive § 2254 petition in a district court. The court explained that Brown must ask the United States Court of Appeals for the Second Circuit for permission to pursue this petition. The opinion identifies two potential statutory bases for authorization: a previously unavailable constitutional rule made retroactive by the Supreme Court, or newly discovered facts that could establish actual innocence under the statutory standard.

Ruling

In the interest of justice, the court transferred the petition to the United States Court of Appeals for the Second Circuit under 28 U.S.C. § 1631. The court closed this case. The order states that, if the Second Circuit authorizes Brown to proceed, he may move to reopen the case under the same civil docket number.

Judge Laura Taylor Swain also ruled that a certificate of appealability would not issue because Brown had not made a substantial showing that a constitutional right was denied. The court certified that an appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The Clerk of Court was directed to enter judgment.