Kehoe v. Walker
- Laura Swain
- 1:25-cv-08852
- U.S. District Court · Southern District of New York
- 3
In Nelin Kehoe v. Walker, Judge Swain transferred the pro se case to the Eastern District of New York because the alleged events occurred in Queens.
Nelin Kehoe’s case was moved from the Southern District of New York to the Eastern District of New York. The transferee court would decide whether she could proceed without prepaying fees; the order did not resolve the claims against Tamra Walker or the other defendants.
What happened
In Nelin Kehoe v. Tamra Walker, Queens Family Court Judge, et al., Nelin Kehoe, representing herself, sued a Queens Family Court judge and others over events alleged to have occurred in Queens County. She asserted claims under a civil-rights law and several criminal statutes.
The Southern District of New York concluded that venue did not appear proper there because Queens County is in the Eastern District of New York, and Kehoe had not shown that all defendants lived in the Southern District. The court also found that the Eastern District would be more convenient because the relevant events, documents, and witnesses were expected to be in Queens.
Judge Laura Taylor Swain ordered the case transferred to the Eastern District of New York. The Southern District case was closed, no summons would issue there, and the transferee court would decide whether Kehoe could continue without paying filing fees. The court also denied fee-free status for any appeal from this order.
The detailed version
- Kehoe v. Walker · No. 1:25-cv-08852
- Laura Swain
- Oct. 27, 2025
Background
Nelin Kehoe, who resides in Las Vegas, Nevada, brought this action without a lawyer. She sued Tamra Walker, identified as a Queens Family Court judge, and other people employed at the Family Court in Queens County, New York. The opinion states that Kehoe asserted claims under 42 U.S.C. § 1983 and criminal statutes, including 18 U.S.C. §§ 241, 242, 2261, and 2265.
Venue Analysis
The court explained that the general venue statute permits a civil action in certain districts, including a district where a substantial part of the events occurred or where the defendants reside under specified conditions. Kehoe argued that venue was proper in the Southern District because the defendants performed their official duties in Queens County. The court noted that Queens County is in the Eastern District of New York, not the Southern District.
The court stated that venue did not appear proper in the Southern District based on the location of the events. Venue also did not appear proper based on the defendants’ residence because Kehoe had not pleaded facts showing whether all defendants resided in New York or whether any defendant resided in the Southern District.
Transfer Decision
The court further explained that, even if venue were proper in the Southern District, 28 U.S.C. § 1404(a) permits transfer for the convenience of the parties and witnesses and in the interest of justice. The court found transfer appropriate because the underlying events occurred in Queens County 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.
Disposition
The Clerk was directed to transfer the action to the Eastern District of New York. The opinion states that the transferee court would decide whether Kehoe could proceed without prepaying fees. A summons would not issue from the Southern District, and the order closed the case in that district. The court certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The order addressed venue and transfer; it did not decide the underlying claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.