Cole v. Ber- Berlin FCI et al

Filing 12

MEMORANDUM & ORDER: The court grants plaintiff's request to proceed in forma pauperis. 7 9 . For the reasons set forth, this case is transferred to the District of Nevada for all further proceedings. Order attached. The cour t certifies pursuant to 28 U.S.C. § 1915 (a)(3), that any in forma pauperis appeal from this Order would not be taken in good faith. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Eric R. Komitee on 5/12/2024. (CFB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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James Scott Alva,
MEMORANDUM & ORDER
24-CV-00335(EK)(JRC)

Plaintiff,
-againstBer-Berlin FCI; Team Quebec; N.
Cairns – U/M; D. Schuler – C/W; S.
Davis – Cor; Bro-Brooklyn MDC,
Defendants.
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ERIC KOMITEE, United States District Judge:

James Scott Alva is currently incarcerated at FCI
Mendota in California.
2024.

He commenced this action on January 16,

Plaintiff was convicted of three child pornography

offenses in 2018 under the name James Scott Alva, though he
states in the complaint

that his name is Jim Scott Cole.

Compl. 1, ECF No. 1.
In his pro se complaint, plaintiff did not articulate
a basis for the court’s jurisdiction or a cause of action.
generally, Compl., ECF No. 1.

See

However, he complains about

violations of his civil rights and requests his release from
prison.

Thus, a liberal construction of the complaint suggests

that plaintiff actually seeks habeas relief under 28 U.S.C. §
2255.

See Compl. at 9 (“Release me. I am not your enemy...”);

Erickson v. Pardus, 551 U.S. 89, 94 (2007) (documents “filed pro

se [are] to be liberally construed, and a pro se complaint,
however inartfully pleaded, must be held to less stringent
standards than formal pleadings drafted by lawyers.”)
The court grants plaintiff’s request to proceed in
forma pauperis.

ECF Nos. 7, 9.

However, this court lacks jurisdiction over
plaintiff’s Section 2255 petition.

Plaintiff’s conviction on

the child pornography offenses occurred at a jury trial in the
District of Nevada.

See United States v. Alva, No. 14-CR-00023-

RCJ-NJK (D. Nev. Jan. 19, 2018), Min. Entry, ECF No. 305.
Plaintiff’s judgment became final in April 2018, when he was
sentenced to 293 months in federal prison, as well as lifetime
supervision, $20,000 of restitution, and a $300 special
assessment.

See Alva, No. 14-CR-00023-RCJ-NJK (D. Nev. May 15,

2018), Am. J., ECF No. 334.

Critically, motions under Section

2255 must be filed with the sentencing court.

See Boumediene v.

Bush, 553 U.S. 723, 774–75 (2008) (Section 2255 “replaced
traditional habeas corpus for federal prisoners . . . with a
process that allowed the prisoner to file a motion with the
sentencing court on the ground that his sentence was, inter
alia, imposed in violation of the Constitution or laws of the
United States.).

1

Thus, this petition is proper before the

Unless otherwise noted, when quoting judicial decisions this order
accepts all alterations and omits all citations, footnotes, and internal
quotation marks.
1

District of Nevada, plaintiff’s sentencing court, rather than
the Eastern District of New York.
Conclusion
For the reasons set forth above, this case is
transferred to the District of Nevada for all further
proceedings.
The court certifies pursuant to 28 U.S.C. § 1915
(a)(3), that any in forma pauperis appeal from this Order would
not be taken in good faith.

Coppedge v. United States, 369 U.S.

438, 444-45 (1962).

SO ORDERED.

/s/ Eric Komitee
ERIC KOMITEE
United States District Judge
Dated:

May 12, 2024
Brooklyn, New York