Calixte v. MTA New York City Transit

Background

On March 10, 2025, the court directed that Charles Didier Calixte’s complaint be transferred to the United States District Court for the Eastern District of New York. Calixte filed an opposition to the transfer on March 19, 2025. In that submission, he described an alleged arrest in Queens and a summons he said he contested through the Transit Adjudication Bureau. He did not explain why the case should remain in the Southern District of New York or why venue was improper in the Eastern District.

Court’s analysis

The court explained that a court ordering a transfer generally loses authority over the case once the transfer takes effect. Under Southern District of New York Local Civil Rule 83.1, the Clerk waits seven days before carrying out a transfer unless the court directs otherwise. The transfer order was entered on the docket on March 12, 2025, and Calixte filed his opposition on March 19, 2025, before the transfer took effect. The court therefore retained authority to decide his opposition.

The court concluded that Calixte had not shown any reason why the transfer should not take effect.

Order

The court directed the Clerk, without further delay, to transfer the action to the United States District Court for the Eastern District of New York. It stated that the receiving court would decide whether Calixte could proceed without paying fees and directed that no summons issue from the Southern District of New York. The court also certified that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.