Lagoa v. Miller

Summary

The Southern District of New York transfers Felix Lagoa’s pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 to the Eastern District of New York because his challenged conviction and sentence arose in Kings County. The court closes the case in the Southern District, leaves fee determinations to the transferee court, denies a certificate of appealability, and certifies that an appeal would not be taken in good faith.

Holdings

1. A habeas petition brought by a person under the judgment and sentence of a New York state court must be filed, heard, and determined in the federal district where the person was convicted and sentenced; because petitioner was convicted and sentenced in Kings County, the action must be transferred from the Southern District of New York to the Eastern District of New York.
2. A certificate of appealability will not issue because petitioner has not made a substantial showing of the denial of a constitutional right.
3. Petitioner is denied in forma pauperis status for purposes of an appeal because any appeal from the order would not be taken in good faith.

Questions Presented

1. Whether the Southern District of New York was the proper district to hear a § 2254 petition challenging a conviction and sentence imposed in Kings County.
2. Whether a certificate of appealability should issue.
3. Whether petitioner should be permitted to proceed in forma pauperis on appeal.

Disposition

other