Rosado v. Dickson

Background

Jameson Rosado brought this action representing himself against Joseph A. Dickson, Mike Kelly, E. Stentella, and Jerry Sanseberio. He alleged that the defendants violated his rights on August 7 and August 13, 2020, at 58 Heald Street in Carteret, New Jersey.

Venue analysis

Venue is the federal district where a civil case may properly be heard. Under 28 U.S.C. § 1391(b), venue generally may be based on where a defendant resides, where a substantial part of the events occurred, or, in certain circumstances, where a defendant is subject to the court’s personal jurisdiction.

The court found that Rosado did not allege that any defendant resided in the Southern District of New York or that a substantial part of the events or omissions underlying his claims occurred there. Because the alleged events occurred in Carteret, New Jersey, the court concluded that venue lay in the United States District Court for the District of New Jersey.

Ruling

Under 28 U.S.C. § 1406(a), Judge Laura Taylor Swain ordered the action transferred to the District of New Jersey. The Clerk was directed to transfer the action, and the order closed the case in the Southern District of New York. A summons was not to issue from that court.

The order left it to the transferee court—the District of New Jersey—to decide whether Rosado could proceed without prepaying filing fees. The court certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The court also directed that a copy of the order be mailed to Rosado.