Mercer v. Doe

Background

Anthony M. Mercer, who is incarcerated at Otisville Correctional Facility and is proceeding without a lawyer, brought an action under 42 U.S.C. § 1983. He sued John Doe, identified as the presiding judge of the Kings County Criminal Court, and the City of New York. Mercer alleges that the judge denied him access to court and seeks damages.

Venue and Transfer

The court considered the federal venue statute, 28 U.S.C. § 1391. It said that it was unclear where John Doe resides, so it was not clear whether venue was proper in the Southern District of New York based on the defendants’ residence.

The court concluded that venue was proper in the Eastern District of New York because Mercer alleged that the events giving rise to his claims occurred in Kings County, which is in that district. The court also considered transfer under 28 U.S.C. § 1404(a), which permits transfer for the convenience of the parties and witnesses and in the interest of justice. Because the underlying events occurred in Kings County, and because relevant documents and witnesses could reasonably be expected to be there, the court found that the Eastern District appeared to be a more convenient forum.

Ruling

In Mercer v. Doe, Judge Laura Taylor Swain ordered the Clerk of Court to transfer the action to the United States District Court for the Eastern District of New York. The order closed the case in the Southern District of New York, directed that no summons issue from that court, and left the decision about whether Mercer may proceed without prepaying fees to the transferee court. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.