Cardello-Smith [ENJOINED FILER] v. Combs
5:25-cv-12198
| E.D. Mich. | Jul 18, 2025Background
- Derrick Lee Cardello-Smith, incarcerated in Michigan, filed a pro se habeas corpus petition under 28 U.S.C. § 2254 in the Southern District of New York, seeking release.
- Smith is serving a sentence for convictions from Wayne County, Michigan (Eastern District of Michigan jurisdiction).
- The $5.00 habeas corpus filing fee was paid.
- The habeas petition named multiple individuals, though only his custodian (the warden) is a proper respondent under habeas rules.
- Smith has prior civil actions denied in forma pauperis status under 28 U.S.C. § 1915(g) due to having three "strikes," but this is his habeas petition.
- The District Court in New York determined it lacked jurisdiction and transferred the case to the Eastern District of Michigan.
Issues
| Issue | Cardello-Smith's Argument | Respondents' Argument | Held |
|---|---|---|---|
| Proper Venue for Habeas Petition | Filed in SDNY seeking release | Challenge should be in district of conviction | Venue improper in SDNY; transferred to ED Michigan |
| Proper Respondents in Habeas Petition | Names multiple individuals | Only the custodian is proper respondent | Only warden is proper respondent |
| In Forma Pauperis Eligibility | N/A (paid fee; informally addressed) | Prior three-strikes status bars IFP in civils | IFP status not relevant to habeas (fee was paid here) |
| Certificate of Appealability | N/A (implicit) | No substantial constitutional issue invoked | Certificate of appealability denied |
Key Cases Cited
- Coppedge v. United States, 369 U.S. 438 (1962) (appellate good faith for issuing IFP depends on whether the appeal seeks review of a non-frivolous issue)