UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SENATE RIVERA, Petitioner, 23-CV-8456 (LTS) -against- TRANSFER ORDER M. KOPP, Acting Superintendent, Respondent. COLLEEN McMAHON, Chief United States District Judge: Petitioner, currently incarcerated at Sing Sing Correctional Facility, brings this pro se petition for a writ of habeas corpus under

challenging the constitutionality of his December 17, 2018 conviction in the New York Supreme Court, Richmond County. Because Petitioner was convicted and sentenced in Richmond County, which is located in the Eastern District of New York, this action is transferred under Local Rule 83.3 to the United States District Court for the Eastern District of New York. The Clerk of Court is directed to transfer this action to the United States District Court for the Eastern 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

. The Court certifies under

(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 did not pay the $5.00 filing fee or submit an application seeking waiver of that fee. appeal. Cf. Coppedge v. United States,

, 444–45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. Dated: September 26, 2023 New York, New York

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

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