Meertins v. New York State Corrections and Community Supervision

District Court, S.D. New York

Meertins v. New York State Corrections and Community Supervision

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CLAYTON MEERTINS, Petitioner, 24-CV-6185 (LTS) -against- NEW YORK STATE CORRECTIONS TRANSFER ORDER AND COMMUNITY SUPERVISION, Respondent. LAURA TAYLOR SWAIN, Chief United States District Judge: Petitioner Clayton Meertins brings this pro se petition for a writ of habeas corpus under

28 U.S.C. § 2254

, challenging the constitutionality of his March 22, 2024 sentencing and judgment of conviction, in the New York Supreme Court, Queens County. Because Petitioner was convicted and sentenced in Queens 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. 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: September 4, 2024 New York, New York

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

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