Jacqueline Chatman v. Mario Julien, et al.

Summary

The Southern District of New York transferred Jacqueline Chatman’s pro se action to the Eastern District of New York under 28 U.S.C. § 1406(a) because venue did not lie in the Southern District and the relevant parties and events were located in Queens. The court also certified that any appeal would not be taken in good faith and denied in forma pauperis status for purposes of appeal.

Holdings

1. Venue did not lie in the Southern District of New York because the complaint did not establish that venue was proper there and the relevant parties and events were associated with Queens, New York.
2. The action was properly transferred to the Eastern District of New York under 28 U.S.C. § 1406(a) because venue did not lie in the Southern District and the interest of justice favored transfer to the district encompassing the proper venue.
3. Plaintiff was denied in forma pauperis status for purposes of an appeal because the court certified that any appeal would not be taken in good faith.

Questions Presented

1. Whether venue was proper in the Southern District of New York.
2. Whether the action should be transferred to the Eastern District of New York under 28 U.S.C. § 1406(a) when venue did not lie in the Southern District and the interests of justice favored transfer.
3. Whether plaintiff should be denied in forma pauperis status for an appeal because any appeal would not be taken in good faith.

Disposition

other