Duncan v. South Carolina

Background

Derreck Keshaun Duncan, proceeding without a lawyer, sued the State of South Carolina. The opinion states that Duncan alleged the events supporting his claims occurred within South Carolina.

Venue Analysis

Venue is the federal district where a civil case may properly be filed. The court applied 28 U.S.C. § 1391(b), which permits a case to be filed, among other places, where the defendant resides or where a substantial part of the events giving rise to the claim occurred.

The court concluded from the complaint that venue was not proper in the Southern District of New York. It explained that South Carolina resides within the District of South Carolina and that the alleged events occurred in South Carolina. The court therefore determined that the District of South Carolina was the proper venue under both relevant provisions of § 1391(b).

Ruling

Under 28 U.S.C. § 1406(a), a court may dismiss a case filed in the wrong venue or, when justice requires, transfer it to a district where it could have been brought. The court transferred the action to the United States District Court for the District of South Carolina in the interest of justice.

The order directs the clerk to transfer the action and states that the case is closed in the Southern District of New York. A summons will not issue from that court. The District of South Carolina will decide whether Duncan may proceed without prepaying fees. The court also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The order did not address the merits of Duncan’s underlying claims.