Burke v. The United States Attorney's Office for the Eastern District of New…

Background

Kyle Julius Burke, representing himself, brought an action against the United States Attorney’s Office for the Eastern District of New York. He alleged that the office violated his rights in Brooklyn, in Kings County, New York, from May 21 through May 23, 2022. The opinion states that Burke lives in Brooklyn.

Venue and Transfer

The court explained that federal law generally permits a civil action to be filed where a defendant resides or where a substantial part of the events giving rise to the claim occurred. The court said it was unclear whether venue in the Southern District of New York was proper under the defendant-residence provision. It concluded, however, that the Eastern District of New York was a proper venue because the alleged events occurred in Kings County, which is in that district.

The court also considered transfer for convenience and the interest of justice. It stated that the events occurred in the Eastern District and that relevant documents and witnesses were likely located there. Based on the totality of the circumstances, the court concluded that transfer was appropriate under 28 U.S.C. § 1404(a).

Disposition

The court directed the Clerk to transfer the action to the United States District Court for the Eastern District of New York. It stated that the transferee court would decide whether Burke could continue without prepaying filing fees. The Southern District court directed that a summons not issue from that court and stated that its order closed the case. The court also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal from the order.