Booker v. Doe

Background

Diquan Booker, who is incarcerated at Washington Correctional Facility (WCF), filed this pro se action under 42 U.S.C. § 1983. He alleges that John Doe and other unnamed defendants violated his federal constitutional rights at WCF.

Venue and transfer analysis

The court discussed the federal venue statute, 28 U.S.C. § 1391(b). Booker did not allege where the defendants reside, so the court could not determine whether venue was proper in the Southern District of New York or the Northern District of New York based on the defendants’ residences. But Booker alleged that the events underlying his claims occurred at WCF, which is in Washington County in the Northern District of New York. Venue therefore was proper there based on where the events occurred, even assuming venue was also proper in the Southern District of New York.

The court then applied 28 U.S.C. § 1404(a), which allows a court to transfer a case to another district where it could have been brought when doing so would promote convenience and the interests of justice. The court concluded that transfer was appropriate because the events occurred at WCF, where Booker is incarcerated, and it was reasonable to expect that relevant documents and witnesses would also be there. The Northern District of New York therefore appeared to be the more convenient forum.

Disposition

The court transferred the action to the United States District Court for the Northern District of New York and directed the Clerk of Court to carry out the transfer. The order states that the transferee court will decide whether Booker may proceed without prepaying fees. The Southern District court directed that no summons issue and closed the case. It also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. Judge Laura Taylor Swain signed the order.