McIver v. Genesa Home Care Agency
- Colleen McMahon
- 1:20-cv-10530
- U.S. District Court · Southern District of New York
- 2
In McIver v. Genesa Home Care Agency, Judge McMahon transferred the case to the Northern District of New York because venue was improper in the Southern District.
Plaintiff Tamicko Murray McIver and defendants Genesa Home Care Agency and Massa are affected because the action must proceed, if at all, in the Northern District of New York rather than the Southern District of New York. The transferee court will decide whether Plaintiff may proceed without prepaying fees.
What happened
In McIver v. Genesa Home Care Agency, Plaintiff alleged that Genesa Home Care Agency was located in Kingston, New York. The defendants were Genesa Home Care Agency and Massa, identified in the caption as Genesa's owner.
The court explained that federal law generally permits a civil case to proceed where a defendant resides or where a substantial part of the events occurred. Kingston is in Ulster County, within the Northern District of New York, and Plaintiff did not allege that a defendant resided in the Southern District or that the relevant events occurred there.
Judge McMahon transferred the action to the Northern District of New York under federal venue law. The Southern District case was closed, no summons was issued there, and the transferee court will decide whether Plaintiff may proceed without paying fees in advance. The court also denied permission to appeal without prepaying fees, stating that an appeal would not be taken in good faith.
The detailed version
- McIver v. Genesa Home Care Agency · No. 1:20-cv-10530
- Colleen McMahon
- Dec. 17, 2020
Background
Tamicko Murray McIver brought this action against Genesa Home Care Agency and Massa, identified in the caption as the owner of Genesa Home Care Agency. The opinion states that Plaintiff alleged Genesa Home Care Agency is located in Kingston, New York.
Venue Analysis
The court applied 28 U.S.C. § 1391, the general federal venue statute. That statute allows a civil action to be brought in a district where a defendant resides, if the required conditions are met, or where a substantial part of the events or omissions giving rise to the claims occurred. The statute also provides a venue when no other district is available.
The court determined that Kingston is in Ulster County and within the Northern District of New York. It therefore concluded that the Northern District was a proper venue under § 1391(b)(1). The court further stated that Plaintiff 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. The court concluded that venue was not proper in the Southern District under § 1391(b)(1) or (2).
Disposition
The court transferred the action to the United States District Court for the Northern District of New York under 28 U.S.C. § 1406(a), which permits transfer when venue is improper. The order closes the Southern District case, directs the clerk to mail the order to Plaintiff and record service, and states that a summons shall not issue from the Southern District. The transferee court will decide whether Plaintiff may proceed without prepaying fees. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. Judge Colleen McMahon issued the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.