Tolliver v. Capra
Tolliver v. Capra
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ERIC TOLLIVER, Petitioner, -against- 20-CV-11133 (CM) MICHAEL CAPRA, SUPERINTENDENT, TRANSFER ORDER SING SING CORRECTIONAL FACILITY, Respondent. COLLEEN McMAHON, Chief United States District Judge: Petitioner, currently incarcerated in Sing Sing Correctional Facility, brings this pro se petition for a writ of habeas corpus under
28 U.S.C. § 2254, challenging the constitutionality of his 1996 conviction in the New York Supreme Court, Onondaga County. Because Petitioner was convicted and sentenced in Onondaga County, which is located in the Northern District of New York, this action is transferred under Local Rule 83.3 to the United States District Court for the Northern 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 Northern 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. 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 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: January 11, 2021 New York, New York hie l hk COLLEEN McMAHON Chief United States District Judge
Reference
- Status
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