Summary
The Southern District of New York transfers Anthony Johnson’s pro se false-arrest action against Queens County to the Eastern District of New York under 28 U.S.C. §§ 1391(b)(2) and 1404(a). The court concludes that the alleged events occurred in Queens County and that the Eastern District is the more convenient forum, while leaving any determination regarding in forma pauperis status to the transferee court.
Holdings
- Venue was proper in the Eastern District of New York under 28 U.S.C. § 1391(b)(2) because the alleged false arrest occurred in Queens County, which lies within that district.
- Transfer to the Eastern District of New York was appropriate under 28 U.S.C. § 1404(a) because the underlying events occurred in Queens County and the Eastern District appeared to be the more convenient forum.
Questions Presented
- Whether venue was proper in the Eastern District of New York because a substantial part of the events giving rise to the claim occurred in Queens County.
- Whether the action should be transferred from the Southern District of New York to the Eastern District of New York for the convenience of the parties and witnesses and in the interest of justice under 28 U.S.C. § 1404(a).
Disposition
transferred
Cases Cited (4)
- Keitt v. N.Y. City, 882 F. Supp. 2d 412, 459-60 (S.D.N.Y. 2011)(followed)
- N.Y. Marine and Gen. Ins. Co. v. LaFarge No. Am., Inc., 599 F.3d 102, 112 (2d Cir. 2010)(followed)
- Iragorri v. United Tech. Corp., 274 F.3d 65, 72 (2d Cir. 2001)(followed)
- Coppedge v. United States, 369 U.S. 438, 444-45 (1962)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…