Fink v. Kirchner
- Colleen McMahon
- 1:20-cv-05128
- U.S. District Court · Southern District of New York
- 2
In Fink v. Kirchner, Judge McMahon transferred Fink’s request to undo New Jersey decisions to that court.
John W. Fink’s action was transferred from the Southern District of New York to the District of New Jersey; the receiving court will decide whether he may proceed without prepaying filing fees.
What happened
Fink v. Kirchner concerned John W. Fink’s request under a rule allowing courts to undo their own earlier orders and judgments.
Fink, who was representing himself, challenged decisions from cases he had filed in the District of New Jersey. The Southern District of New York said the action belonged in New Jersey because a court can undo only its own decisions.
Judge Colleen McMahon ordered the Clerk to transfer the action to the District of New Jersey. The New Jersey court will decide whether Fink may proceed without paying filing fees; this court closed the action, issued no summons, and denied fee-free status for any appeal.
The detailed version
- Fink v. Kirchner · No. 1:20-cv-05128
- Colleen McMahon
- July 8, 2020
Background
John W. Fink, who appeared without a lawyer, brought an action under Rule 60(b) of the Federal Rules of Civil Procedure. That rule allows a court to provide relief from its own judgments or orders. Fink sought relief concerning judicial decisions issued in actions he had filed in the United States District Court for the District of New Jersey. The defendants were J. Philip Kirchner and Flaster/Greenberg P.C.
Venue and Transfer
The court explained that Rule 60(b) allows a district court to vacate, or set aside, only its own orders and judgments. Because Fink was challenging decisions from the District of New Jersey, the court concluded that the proper venue was there rather than in the Southern District of New York. Under 28 U.S.C. § 1406(a), the court transferred the action to the District of New Jersey.
Disposition
Judge Colleen McMahon directed the Clerk of Court to transfer the action to the United States District Court for the District of New Jersey. The receiving court will decide whether Fink may proceed without prepaying filing fees. The Southern District of New York stated that a summons would not issue from that court and that the order closed the action. It 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 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.