Garcia v. John Doe
- Laura Swain
- 1:22-cv-03620
- U.S. District Court · Southern District of New York
- 2
In Garcia v. John Doe, Judge Swain transferred the § 1983 case to the Northern District of New York because venue was improper in Manhattan.
Ceferino J. Garcia’s case was transferred from the Southern District of New York to the Northern District of New York; the order did not decide the merits of his medical-treatment allegations.
What happened
In Garcia v. John Doe, Ceferino J. Garcia, who was incarcerated, sued the Facility Health Director at Gouverneur Correctional Facility without a lawyer. He alleged that the director failed to treat his medical condition while Garcia was incarcerated at Gouverneur.
The court said Garcia had not alleged that the defendant lived in the Southern District of New York or that a substantial part of the events occurred there. Because the claims arose at Gouverneur in St. Lawrence County, the court found that the Northern District of New York was the proper venue.
Judge Laura Taylor Swain ordered the case transferred to the Northern District of New York. The Southern District court said the transferee court would decide whether Garcia could proceed without paying fees, directed that no summons issue from the Southern District, and stated that the case was closed there; it also denied fee-free status for any appeal from the order.
The detailed version
- Garcia v. John Doe · No. 1:22-cv-03620
- Laura Swain
- May 6, 2022
Background
Ceferino J. Garcia brought a case without a lawyer under 42 U.S.C. § 1983. He named as the only defendant John Doe, identified as the Facility Health Director at Gouverneur Correctional Facility. Garcia alleged that the defendant failed to treat his medical condition while Garcia was incarcerated at Gouverneur. Garcia was currently incarcerated at Otisville Correctional Facility and also alleged that he was not receiving medical attention there.
Venue analysis
The court applied 28 U.S.C. § 1391(b), which generally permits a civil case to be filed where a defendant resides, where a substantial part of the events occurred, or, if neither applies, where a defendant is subject to the court’s authority. Garcia did not allege that John Doe resided in the Southern District of New York or that a substantial part of the events giving rise to his claim occurred there. The court determined that the claims arose at Gouverneur, in St. Lawrence County, which is in the Northern District of New York.
Ruling
The court ordered the Clerk to transfer the action to the United States District Court for the Northern District of New York under 28 U.S.C. § 1406(a). It stated that the transferee court would decide whether Garcia could proceed without paying fees. The court directed that no summons issue from the Southern District and stated that the order closed the case there. 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 footnote stated that Garcia could file a new action concerning alleged lack of medical attention at Otisville, if he sought relief regarding that current incarceration.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.