Dolan v. Baker
- Laura Swain
- 1:21-cv-04078
- U.S. District Court · Southern District of New York
- 2
In Dolan v. Baker, Judge Swain transferred the action to the District of Columbia because the events occurred there.
Kevin Dolan, the defendants, and the courts handling the case. The action was transferred from the Southern District of New York to the District of Columbia, where further fee and case decisions would be made.
What happened
In Dolan v. Baker, Kevin Dolan, representing himself, alleged that the defendants violated his rights during events involving a civil protection order issued in the District of Columbia.
The court concluded that New York was not the proper location for the case because the defendants were alleged to live outside New York and the events underlying the claims occurred outside New York. The court determined that venue was proper in the District of Columbia.
Judge Laura Taylor Swain transferred the action to the U.S. District Court for the District of Columbia. She also stated that the transferee court would decide whether Dolan could proceed without paying filing fees, and denied fee-free status for any appeal from this order.
The detailed version
- Dolan v. Baker · No. 1:21-cv-04078
- Laura Swain
- May 7, 2021
Background
Kevin Dolan filed this self-represented action against Marsha Baker, Susan Marinelli, Andrew Esposito, Judge John McCabe, and the District of Columbia. He alleged that the defendants violated his rights when Judge McCabe issued a civil protection order against him in the District of Columbia.
Venue analysis
The court applied 28 U.S.C. § 1391(b), the federal venue statute. That statute permits a civil action to proceed in certain districts, including a district where a substantial part of the events giving rise to the claims occurred. The court stated that Dolan alleged that all defendants resided outside the Southern District of New York and that all events or omissions underlying his claims occurred outside that district. It therefore concluded that venue was not proper in the Southern District of New York and that venue lay in the District of Columbia.
Ruling and disposition
Judge Laura Taylor Swain ordered the action transferred to the United States District Court for the District of Columbia under 28 U.S.C. § 1406(a). The order directed the Clerk to mail Dolan a copy of the order and record service on the docket. It stated that the transferee court would decide whether Dolan could proceed without prepaying fees, and that no summons would issue from the Southern District of New York. The order closed the case in that court. The court also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The opinion did not decide the merits of Dolan’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.