Lahood v. Oprihory

Background

George Lahood, who the opinion says resides in the Bronx, New York, filed this action without a lawyer. He alleged that the defendants violated his rights in Paramus, New Jersey, in 2021, and in Lyndhurst, New Jersey, in 2022. The opinion quotes his complaint, which refers to alleged human trafficking, government officials, court staff, politicians, municipalities, investments in a Paramus house, and tax-lien certificates.

Venue analysis

Federal venue law generally permits a civil action 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 personal jurisdiction. The court noted that Lahood did not allege the residence of all defendants. Instead, he alleged events occurring in Paramus and Lyndhurst, both in New Jersey.

The court concluded that venue was not proper in the Southern District of New York under the applicable venue provisions. It stated that most named defendants appeared to be employed in New Jersey and that the alleged events occurred there. Paramus and Lyndhurst are within the District of New Jersey.

Ruling

Under 28 U.S.C. § 1406(a), when a case is filed in the wrong venue, the court may dismiss it or, when the interests of justice favor that result, transfer it to a district where it could have been brought. Judge Laura Taylor Swain determined that transfer was in the interest of justice and ordered the Clerk of Court to transfer the action to the United States District Court for the District of New Jersey.

The order states that the transferee court will determine whether Lahood may proceed without prepaying fees. No summons will issue from the Southern District of New York, and the order closes that case. The court also certified that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.