Ardaneh v. U.S. Government

Background

Hamid Reza Ardaneh, proceeding without a lawyer, brought this civil action while held at Bridgewater State Hospital in Bridgewater, Massachusetts. He attempted to remove to the Southern District of New York what the court said appeared to be criminal or civil actions pending against him in Massachusetts state courts.

Reason for Transfer

The court relied on federal removal statutes. Under 28 U.S.C. § 1455(a), a defendant seeking to remove a pending state criminal case must file the removal notice in the federal district covering the court where the prosecution is pending. A similar venue requirement applies to removal of a state civil case under 28 U.S.C. § 1446(a).

Because Ardaneh’s criminal or civil actions were pending in Massachusetts, the Southern District of New York concluded that it was the wrong venue. Massachusetts has one federal judicial district, the District of Massachusetts. The court therefore transferred the action under 28 U.S.C. § 1406(a), which permits transfer when a case is filed in the wrong venue.

Ruling and Disposition

The court ordered the Clerk to transfer the action to the United States District Court for the District of Massachusetts, mail Ardaneh a copy of the order, and record service on the docket. The court stated that the Massachusetts court would decide whether Ardaneh could proceed without paying fees. No summons was to issue from the Southern District of New York, and the order closed the case there.

Judge Colleen McMahon also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The opinion does not decide whether Ardaneh may ultimately remove the state proceedings or whether he may proceed without prepaying fees in the District of Massachusetts.