Full title: GEORGE CAMPBELL, Petitioner, v. WARDEN FCI SCHUYLKILL, Respondent.
Court: United States District Court, S.D. New York
Case no: 22-CV-7744 (LTS)
Date published: Sep 15, 2022
Fact:
- Petitioner, currently incarcerated at FCI Schuylkill, challenges the execution of his federal sentence.
- He alleges that while confined at FCI Otisville, he faced disciplinary action for possession of a weapon but was denied due process in the disciplinary proceedings.
- Petitioner seeks to expunge the incident from his prison record and restore his good time credits.
Issue:
- Whether the Court has jurisdiction over the habeas corpus petition under 28 U.S.C. § 2241.
CONCLUSION:
The Clerk of Court is directed to transfer this action to the United States District Court for the Middle District of Pennsylvania. 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 in this court.
Petitioner did not pay the $5.00 filing fee or submit an application for leave to proceed in forma pauperis.
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, pursuant to 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
SO ORDERED.