Hill v. Rickard
Hill v. Rickard
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ERIC RODNEY HILL, Petitioner, 25-CV-5706 (LTS) -against- TRANSFER ORDER WARDEN E. RICKARD, Respondent. LAURA TAYLOR SWAIN, Chief United States District Judge: Petitioner, who is currently incarcerated at FCI Otisville, brings this pro se petition for a writ of habeas corpus under
28 U.S.C. § 2254challenging the constitutionality of his 2022 conviction in the District of Columbia Superior Court. Because Petitioner was convicted and sentenced in the District of Columbia, the Court transfers this action to the United States District Court for the District of Columbia.1 The Court directs the Clerk of Court to transfer this action to the United States District Court for the District of Columbia. Whether Petitioner may be permitted to proceed further without payment of fees is a determination to be made by the transferee court.2 This order closes this case in this court. 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.
1 Petitioner previously filed two petitions for a writ of habeas under
28 U.S.C. § 2254also challenging the constitutionality of his 2022 conviction in the District of Columbia Superior Court. The Court also transferred both of those petitions to the United States District Court for the District of Columbia. See Hill v. Jamison, ECF 1:24-CV-0073, 3 (S.D.N.Y. Jan. 9, 2024); Hill v. Jamison, ECF 1:23-CV-11003, 3 (S.D.N.Y. Dec. 22, 2023).
2 Petitioner did not pay the $5.00 fee or file an application for leave to proceed in forma pauperis. 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: August 7, 2025 New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge
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Reference
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