McCarthy v. Warden

Background

Brandon Alan McCarthy, proceeding without a lawyer, filed an action concerning his current pretrial detention. He alleged that he was at risk of contracting COVID-19 while detained at the Hampton Roads Regional Jail in Portsmouth, Virginia. The opinion does not describe the specific relief he requested.

Venue analysis

Federal law allows a civil action to be filed, among other places, in a district where a defendant resides or where a substantial part of the events giving rise to the claim occurred. The court found that McCarthy did not allege that any defendant resided in the Southern District of New York or that a substantial part of the relevant events occurred there. Because the claims arose in Portsmouth, Virginia, the court concluded that venue was proper in the Eastern District of Virginia.

Ruling

Judge Colleen McMahon transferred the action to the United States District Court for the Eastern District of Virginia under 28 U.S.C. § 1406(a). The Clerk was directed to transfer the action and mail McCarthy a copy of the order. The court stated that the transferee court would decide whether McCarthy could proceed without prepaying filing fees. It also stated that a summons would not issue from the Southern District of New York and that the order closed the case there. The court certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the merits of McCarthy's COVID-19 or detention-related claims.