Holloway v. The City of New York
- Colleen McMahon
- 1:20-cv-08066
- U.S. District Court · Southern District of New York
- 4
In Holloway v. City of New York, Judge McMahon transferred Saquan Holloway’s civil-rights case to the Eastern District of New York without deciding the claims.
Saquan Holloway’s case was transferred from the Southern District of New York to the Eastern District of New York, and the Southern District case was closed. Erica Burgin was not treated as a plaintiff in the order. The City of New York remains the named defendant, but the court did not decide the claims against it.
What happened
In Holloway v. The City of New York, Saquan Holloway, who was detained and representing himself, challenged charges arising from a search of an apartment in Queens, where he had been a guest. He brought the case under a federal civil-rights law against the City of New York. The court said Erica Burgin could not remain a plaintiff because she had not signed the complaint or authorized her inclusion.
Although venue was proper in the Southern District of New York because the City is located there, the court found that transfer was appropriate. The events occurred in Queens, and records related to the search and arrest were expected to be there, making the Eastern District of New York a more suitable forum.
Judge Colleen McMahon ordered the case transferred to the Eastern District of New York and directed the clerk to close the Southern District case. The order did not decide whether Holloway’s claims were valid. The court also denied permission to appeal without prepaying fees and left any decision about proceeding without prepaying fees in the transferred case to the receiving court.
The detailed version
- Holloway v. The City of New York · No. 1:20-cv-08066
- Colleen McMahon
- Oct. 2, 2020
Background
Saquan Holloway, who was detained at the Vernon C. Bain Center and appeared without a lawyer, brought this action under 42 U.S.C. § 1983, a federal law that permits certain civil-rights claims. He alleged that the City of New York violated his rights during a search of an apartment in Queens where he was a guest, and he challenged charges arising from that search.
Holloway listed Erica Burgin as an additional plaintiff. The court stated that Burgin had not signed the complaint or otherwise authorized being included, and that Holloway could not represent another person. The court therefore referred only to Holloway in the order.
Venue and Transfer
The court explained that venue—the proper federal district for a case—was available in the Southern District of New York because the City of New York was located there. Venue was also available in the Eastern District of New York because the City was located there and because the events giving rise to the claims occurred in Queens.
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 circumstances as a whole. It emphasized that the search occurred in Queens and that records related to the search and subsequent arrest would be located there. The court concluded that the interest of justice favored transfer to the Eastern District of New York.
Ruling
Judge Colleen McMahon ordered the action transferred to the United States District Court for the Eastern District of New York. The clerk was directed to mail Holloway a copy of the order, record service, and transfer the action. The Southern District of New York case was closed, and no summons was to issue from that court.
The order did not decide the merits of Holloway’s civil-rights claims. It stated that the receiving court would decide whether Holloway could proceed without prepaying filing fees. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The opinion notes that Holloway had not submitted a prisoner authorization.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.