Summary
The Southern District of New York transfers David Leon Terry’s pro se action to the Eastern District of New York because the alleged assault occurred at MDC Brooklyn in Kings County, within the Eastern District. The court relies on the federal venue statutes and directs that the transferee court determine whether the plaintiff may proceed without prepayment of fees.
Topics
Practice areas
Questions Presented
- Whether venue was proper in the Southern District of New York under 28 U.S.C. § 1391.
- Whether the action should be transferred to the Eastern District of New York under 28 U.S.C. §§ 1404(a) or 1406(a) because the claims arose there.
Holdings
- Venue did not lie in the Southern District of New York under § 1391(b)(2) because the events giving rise to Plaintiff's claims occurred at MDC Brooklyn in Kings County, which is within the Eastern District of New York.
- The action should be transferred to the United States District Court for the Eastern District of New York in the interest of justice because venue was proper there where Plaintiff's claims arose.
Key quotations
“Venue is proper, under Section 1391(b)(2), in the Eastern District of New York, where Plaintiff’s claims arose.” (Discussion)
“The Clerk of Court is directed to transfer this action to the United States District Court for the Eastern District of New York.” (Conclusion)
Factual background
Plaintiff was detained at MDC Brooklyn in Brooklyn, New York. He alleged that he was assaulted in his cell at MDC Brooklyn on December 4, 2025, and seriously injured. The alleged assault formed the basis of his claims against Amaury Guzman and MDC Brooklyn.
Procedural history
Plaintiff, detained at MDC Brooklyn, filed this action in the Southern District of New York. The court determined that the events underlying the claims occurred in Kings County, within the Eastern District of New York, and transferred the case there. The court closed the case in the Southern District of New York and left any determination concerning proceeding without prepayment of fees to the transferee court.