Michelle Adams v. Judge Robert T. Watson, et al.

Summary

The United States District Court for the Southern District of New York transferred Michelle Adams’s pro se federal civil-rights action to the Southern District of Florida under 28 U.S.C. § 1406(a) because the alleged events occurred in Miami, Florida, making venue improper in New York. The court waived the usual transfer delay, directed that no summons issue, closed the case, and denied in forma pauperis status for any appeal.

Holdings

1. Venue was not proper in the Southern District of New York because the defendants were employed in Miami, Florida, and the alleged events giving rise to the claims occurred there.
2. The court transferred the action to the United States District Court for the Southern District of Florida because venue was improper in the Southern District of New York and the interest of justice favored transfer.

Questions Presented

1. Whether venue was proper in the Southern District of New York under 28 U.S.C. § 1391(b).
2. Whether the action should be transferred to the Southern District of Florida under 28 U.S.C. § 1406(a) because the action was filed in the wrong venue.

Disposition

remanded