Crampton v. Lilley

District Court, S.D. New York

Crampton v. Lilley

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ADAM C. CRAMPTON, Petitioner, 23-CV-1274 (LTS) -against- TRANSFER ORDER SUPERINTENDENT LILLEY, Respondent. LAURA TAYLOR SWAIN, Chief United States District Judge: Petitioner is currently incarcerated at Eastern Correctional Facility in Naponach, New York. He brings this pro se petition for a writ of habeas corpus under

28 U.S.C. § 2254

challenging the constitutionality of his 2017 conviction in the Broome County Court in Binghamton, New York. Because Petitioner was convicted and sentenced in Broome County, which is located in the Northern District of New York,

28 U.S.C. § 112

(a), this action should be transferred under Local Rule 83.3 to the United States District Court for the Northern District of New York. CONCLUSION The Clerk of Court is therefore 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 the case in this district. 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: February 15, 2023 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge

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