Summary
The Eastern District of New York transferred pro se plaintiff Farrah Gilot’s action against CVS to the Western District of Texas under 28 U.S.C. § 1406(a), finding that the alleged events occurred in San Antonio, Texas and that no connection to the Eastern District of New York was alleged other than the plaintiff’s residence. The court reserved decision on the plaintiff’s application to proceed in forma pauperis and directed that no summons issue from the court.
Topics
Practice areas
Questions Presented
- Whether venue was proper in the Eastern District of New York under 28 U.S.C. § 1391(b).
- Whether the action should be dismissed or transferred under 28 U.S.C. § 1406(a) when venue is improper but the case could have been brought in the Western District of Texas.
Holdings
- Venue was improper in the Eastern District of New York because plaintiff alleged no connection between that district and the events or omissions giving rise to her claim, apart from her residence there.
- The action should be transferred, rather than dismissed, to the United States District Court for the Western District of Texas because transfer was in the interest of justice and that district was an appropriate forum based on the alleged events in San Antonio.
Key quotations
“If an action is filed in the wrong district court, a court “shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought.””
Factual background
Plaintiff alleged that CVS racially profiled her while she was visiting a CVS store in San Antonio, Texas. She provided a CVS address in Rhode Island and filed the action in the Eastern District of New York, where she resides. The opinion identifies no substantial events or omissions connected to the Eastern District of New York.
Procedural history
Farrah Gilot filed suit in the Eastern District of New York under 28 U.S.C. § 1332 and sought in forma pauperis status. Although plaintiff resides in the Eastern District of New York, the alleged events occurred in San Antonio, Texas, and the court found no connection to the district sufficient to support venue. The court transferred the case to the United States District Court for the Western District of Texas, left the IFP decision to the transferee court, and closed the action in the Eastern District of New York.
Remand instructions
The Clerk is directed to transfer the action to the United States District Court for the Western District of Texas. No summons shall issue from the Eastern District of New York. The transferee court is to decide plaintiff's request to proceed in forma pauperis.