McFadden v. Keyser ( 2020 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ROBERT MCFADDEN, Petitioner, 20-CV-4391 (CM) -against- TRANSFER ORDER WILLIAM KEYSER, Respondent. COLLEEN McMAHON, Chief United States District Judge: Petitioner, currently incarcerated at Sullivan Correctional Facility, brings this pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging the constitutionality of his 2014 conviction in the State of New York County Court, Monroe County. Because Petitioner was convicted and sentenced in Monroe County, which is located in the Western District of New York, this action is transferred under Local Civil Rule 83.3 to the United States District Court for the Western District of New York. The Clerk of Court is directed to mail a copy of this order to Petitioner and note service on the docket. The Clerk of Court is further directed to transfer this action to the United States District Court for the Western District of New York. Whether Petitioner should be permitted to proceed further without payment of fees is a determination to be made by the transferee court.1 This order closes this case. Because Petitioner has not at this time made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue under 28 U.S.C. § 2253. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an 1 Petitioner submitted only the first page of the in forma pauperis application. appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. Dated: June 9, 2020 , New York, New York bie. l Wyk COLLEEN McMAHON Chief United States District Judge