Burchette v. Millan

Background

Diane Burchette filed this pro se action in the Southern District of New York, invoking federal-question jurisdiction. She sued Nancy C. Millan, identified as the Tax Collector for Hillsborough County, Florida, over alleged rights violations arising from a tax dispute involving property in Tampa, Florida. Burchette alleged that Millan was unlawfully threatening to take the property.

Venue analysis

Federal law generally permits a civil case to be filed where a defendant resides, where a substantial part of the events or omissions occurred, or where the property involved in the case is located. The court concluded from the complaint that Millan was located in Hillsborough County and that the events giving rise to Burchette's claims were occurring there. Because Hillsborough County is in the Middle District of Florida, the court found that venue was not proper in the Southern District of New York and that the Middle District of Florida was an appropriate venue.

Ruling and case status

Under 28 U.S.C. § 1406, a court may transfer a case filed in the wrong venue when transferring it serves the interests of justice. Judge Laura Taylor Swain ordered the Clerk of Court to transfer this action to the United States District Court for the Middle District of Florida. The order did not dismiss the action. It stated that the transferee court would decide whether Burchette could proceed without prepaying filing fees and would adjudicate any pending matters. The New York court directed that no summons issue from it and closed the case in that court. It also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.