Sharpe v. Moss

Background

Sheaia Sharpe, appearing without a lawyer, brought this action for herself and her infant, identified in the caption as N.S.D. She invoked diversity jurisdiction and alleged that the defendants violated her and N.S.D.’s rights in Staten Island, New York.

Protection of the Minor’s Name

Federal Rule of Civil Procedure 5.2(a)(3) requires court filings referring to a minor to use only the minor’s initials. Because the complaint included the infant’s full name, the court directed the Clerk of Court to restrict electronic access to the complaint to case participants. The court also instructed Sharpe to use the minor’s initials in any additional filings.

Venue and Transfer

Venue is the federal district where a civil action may properly be heard. Under 28 U.S.C. § 1391(b), venue may generally be based on where a defendant resides or where a substantial part of the events giving rise to the claims occurred.

The court stated that the plaintiffs were residents of Staten Island and that the claims concerned events in Staten Island, Richmond County, New York. It found that the plaintiffs had not alleged that any defendant resided in this district or that a substantial part of the relevant events occurred here. Because Richmond County is in the Eastern District of New York, the court concluded that venue lay there and transferred the action under 28 U.S.C. § 1406(a).

Order

Judge Colleen McMahon directed the Clerk to transfer the action to the United States District Court for the Eastern District of New York. The order also directed the Clerk to mail a copy to Sharpe, note service on the docket, restrict access to the complaint, and issue no summons from this court. The order stated that it closed this case.

The court certified that any appeal would not be taken in good faith and denied permission to proceed without paying filing fees for purposes of an appeal.