Reeves v. United States Department of Justice
- Laura Swain
- 1:25-cv-03405
- U.S. District Court · Southern District of New York
- 4
In Reeves v. United States Department of Justice, Judge Swain transferred the action to the Eastern District of New York for convenience.
Michael Reeves and the United States Department of Justice; the case will proceed, if allowed, in the Eastern District of New York, which must decide the filing-fee and preliminary-injunction issues.
What happened
Michael Reeves, representing himself, sued the United States Department of Justice, claiming violations of his constitutional rights and seeking an order and money damages. The opinion says Reeves lives in Brooklyn and that many alleged surveillance events likely occurred there, making the Eastern District of New York an appropriate and more convenient venue.
The Southern District of New York transferred the case to the Eastern District of New York under a federal convenience rule, even though venue was also proper in the Southern District. The court did not decide whether Reeves could proceed without paying filing fees or whether he should receive an emergency court order; those questions were left to the receiving court.
Judge Laura Taylor Swain directed the clerk to transfer the action, ordered that no summons issue from the Southern District, and closed the case there. She also denied permission to appeal without prepaying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Reeves v. United States Department of Justice · No. 1:25-cv-03405
- Laura Swain
- May 14, 2025
Background
Michael Reeves, proceeding without a lawyer, sued the United States Department of Justice. He alleged that his federal constitutional rights were violated and sought injunctive relief—an order requiring or prohibiting conduct—and damages. His allegations included ongoing searches and surveillance, including alleged collection of information from his phone and real-time tracking.
Venue
The court explained that federal law permits a civil action against a federal agency to be filed where the agency resides, where a substantial part of the events occurred, or, when real property is not involved, where the plaintiff resides. Reeves resides in Brooklyn, which is in Kings County and the Eastern District of New York. The court therefore found that venue was proper in the Eastern District of New York. It also stated that the Department of Justice could be treated as residing in every federal judicial district, making venue proper in both the Southern and Eastern Districts of New York. Because Reeves did not clearly identify where the events occurred, the court concluded that venue might also be proper in both districts based on the alleged surveillance.
Transfer decision
Under 28 U.S.C. § 1404(a), a court may transfer a case, even when venue is proper, to another district where the case could have been brought if the transfer would serve the convenience of the parties and witnesses and the interests of justice. The court found transfer appropriate because Reeves and the defendant were in Brooklyn, a substantial part of the alleged events appeared to have occurred there, and relevant documents and witnesses could reasonably be expected to be there. It therefore transferred the action to the United States District Court for the Eastern District of New York.
Order
The clerk was directed to transfer the action. The Southern District of New York stated that the transferee court would decide whether Reeves could proceed without prepaying filing fees and whether he was entitled to preliminary injunctive relief. The Southern District ordered that no summons issue from that court and closed the case there. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.