Cortinas v. Warden

Background

Jose A. Cortinas, who was detained at the Metropolitan Detention Center in Brooklyn, New York, submitted a letter stating that prison officials were not taking necessary precautions to protect him from contracting COVID-19. He did not request specific relief. He stated that he wanted his attorney to request a bond hearing but had been unable to contact the attorney. The clerk opened the letter as a new civil action.

The court said it could not determine the origin of Cortinas’s federal prosecution or why he was detained at the Metropolitan Detention Center. The opinion also states that Cortinas directed the letter to Judge Loretta A. Preska, although it was opened as a new case.

Reason for Transfer

The court explained that venue means the federal district where a case properly may be heard. Under 28 U.S.C. § 1391, venue generally may exist where a defendant resides or where a substantial part of the events giving rise to the claim occurred. The court concluded that venue did not appear proper in the Southern District of New York because Cortinas did not allege that the warden resided there or that the relevant events occurred there.

The court also considered 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 determined that the underlying events occurred at the Metropolitan Detention Center, where Cortinas was detained and where the warden appeared to reside. Because the facility is in Brooklyn, Kings County, the court concluded that the Eastern District of New York was the proper venue.

The footnote adds that transfer also would have been appropriate if the submission were treated as a petition challenging detention under 28 U.S.C. § 2241, because the court hearing such a petition must have authority over the person responsible for the detention. The opinion states that Cortinas was detained at the Metropolitan Detention Center, making the Eastern District of New York the proper district for such a petition.

Ruling

Judge Colleen McMahon ordered the clerk to transfer the action to the United States District Court for the Eastern District of New York. The clerk was also directed to mail Cortinas a copy of the order and record service on the docket. The transferee court was to decide whether Cortinas could proceed without paying filing fees. No summons was to issue from the Southern District of New York, and the order closed the case there.

The court certified that any appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The transfer order did not decide whether Cortinas’s allegations about COVID-19 precautions were legally or factually valid.