Johnson v. State of New York
- Colleen McMahon
- 1:20-cv-01164
- U.S. District Court · Southern District of New York
- 4
In Johnson v. State of New York, Judge McMahon transferred the claims to federal courts in Northern and Western New York.
Robert W. Johnson’s claims were divided between the Northern and Western Districts of New York; the receiving courts would decide whether he could proceed without prepaying fees.
What happened
In Johnson v. State of New York, Robert W. Johnson, who was representing himself, sued the State of New York and many other defendants. He alleged that events supporting his claims occurred mainly in Erie County and at several correctional or treatment facilities in Northern and Western New York.
The court found that the Southern District of New York was a proper venue, but that the Northern and Western Districts were also proper and more appropriate locations for the case. It transferred claims based on events at the Greene, Upstate, Auburn, and Franklin Correctional Facilities to the Northern District, and transferred the remaining claims to the Western District.
Judge Colleen McMahon ordered the transfers under the federal venue-transfer law and closed the Southern District case. She also directed the Clerk to mail Johnson the order, left any decision about proceeding without paying filing fees to the receiving courts, directed that no summons issue from the Southern District, and denied permission to appeal without prepaying fees.
The detailed version
- Johnson v. State of New York · No. 1:20-cv-01164
- Colleen McMahon
- Mar. 16, 2020
Background
Robert W. Johnson, proceeding without a lawyer, brought claims against the State of New York and numerous other defendants. He alleged that events underlying his claims occurred in Erie County and at several correctional facilities and a drug-treatment campus in New York.
Venue analysis
The court explained that federal law generally permits a civil case to be filed where a defendant resides, where a substantial part of the events occurred, or, in some circumstances, where a defendant is subject to the court’s personal jurisdiction. The court concluded that the Southern District of New York was a proper venue because the State of New York is located within all of New York’s federal districts. But the Northern and Western Districts were also proper venues because defendants and relevant events were located there.
The court stated that Erie County and the Elmira, Wende, Attica, Livingston, and Southport Correctional Facilities, along with the Willard Drug Treatment Campus, are in the Western District of New York. It stated that the Greene, Upstate, Auburn, and Franklin Correctional Facilities are in the Northern District of New York.
Transfer ruling
Under 28 U.S.C. § 1404(a), a court may transfer a case for the convenience of the parties and witnesses and in the interest of justice. The court considered the location of the events and the totality of the circumstances. Because none of the underlying events occurred in the Southern District, it determined that transfer was appropriate.
The court ordered the Clerk to transfer Johnson’s claims arising from events at the Greene, Upstate, Auburn, and Franklin Correctional Facilities to the United States District Court for the Northern District of New York. It ordered the remainder of Johnson’s claims transferred to the United States District Court for the Western District of New York.
Other orders and disposition
The court directed the Clerk to mail Johnson a copy of the order and note service on the docket. It stated that the receiving courts would decide whether Johnson could proceed without prepaying fees. It ordered that no summons issue from the Southern District and stated that the order closes the case there. The court also certified that any 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.