Johnson v. Department of Social Services
- Colleen McMahon
- 1:20-cv-01369
- U.S. District Court · Southern District of New York
- 4
In Johnson v. Department of Social Services, Chief Judge McMahon transferred the case to the Western District of New York.
The transfer affects Robert W. Johnson and the defendants because the case must proceed, if at all, in the United States District Court for the Western District of New York rather than the Southern District of New York.
What happened
In Johnson v. Department of Social Services, Robert W. Johnson, who was representing himself, sued the Erie County Department of Social Services, Erie County, the State of New York, and “John Doe of Buffalo City Mission.” He alleged that the events supporting his claims occurred in Erie County.
The court said both the Southern District and the Western District of New York were proper venues, but Erie County was where the events occurred and where relevant witnesses and documents were likely located. The court therefore found that transferring the case would serve convenience and the interests of justice.
Chief United States District Judge Colleen McMahon ordered the Clerk to transfer the case to the Western District of New York. The order closed the case in the Southern District, left any decision about proceeding without paying fees to the receiving court, directed that no summons issue, and denied fee-free status for any appeal.
The detailed version
- Johnson v. Department of Social Services · No. 1:20-cv-01369
- Colleen McMahon
- Feb. 24, 2020
Background
Robert W. Johnson, who appeared without a lawyer, brought claims against the Department of Social Services of Erie County, Erie County, the State of New York, and “John Doe of Buffalo City Mission.” The opinion states that Johnson alleged that the events underlying his claims occurred in Erie County.
Venue analysis
The court explained that federal law generally permits a civil action to be filed where a defendant resides or where a substantial part of the events occurred. The court determined that the Southern District of New York was a proper venue because New York State is located within that district. It also determined that the Western District of New York was a proper venue because Erie County is located there and the alleged events occurred there.
The court applied 28 U.S.C. § 1404(a), which allows a court to transfer a case for the convenience of the parties and witnesses and in the interest of justice. It considered the circumstances of the case, including the location of the underlying events and the likely location of relevant documents and witnesses. The court concluded that transfer was appropriate.
Disposition
The court directed the Clerk of Court to transfer the action to the United States District Court for the Western District of New York. The order closed the case in the Southern District of New York. It stated that the receiving court would decide whether Johnson could proceed without prepaying fees, and it directed that no summons issue from the Southern District. The court also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.