Neira Marquez v. Kirby Forensic Psychiatric Center
- Laura Swain
- 1:22-cv-05678
- U.S. District Court · Southern District of New York
- 2
Neira Marquez v. Kirby Forensic Psychiatric Center: Judge Azrack transferred the civil-rights case to the Southern District of New York because venue was improper.
Jonathan William Neira Marquez’s civil-rights action was transferred from the Eastern District of New York to the Southern District of New York; the receiving court was left to decide his request to proceed without paying filing fees.
What happened
In Jonathan William Neira Marquez v. Kirby Forensic Psychiatric Center, et al., the plaintiff filed a civil-rights lawsuit about his confinement and treatment at Kirby Forensic Psychiatric Center while detained there.
The court found that the alleged events occurred in New York County, which is in the Southern District of New York, and that the Eastern District of New York had no apparent connection to the case. Because venue was improper, the court transferred the action rather than dismissing it.
Judge Joan M. Azrack ordered the transfer under the federal venue statute and reserved the plaintiff’s request to proceed without paying filing fees for the receiving court. The court also stated that an appeal would not be taken in good faith and denied fee-free status for any appeal.
The detailed version
- Neira Marquez v. Kirby Forensic Psychiatric Center · No. 1:22-cv-05678
- Laura Swain
- July 5, 2022
Background
Jonathan William Neira Marquez, representing himself, filed a civil-rights complaint under 42 U.S.C. § 1983 while detained at Kirby Forensic Psychiatric Center. He complained about his confinement and treatment at that facility.
Venue analysis
The court applied the general federal venue statute, 28 U.S.C. § 1391. The complaint alleged that the relevant actions occurred exclusively in New York County. Because New York County is within the Southern District of New York, and the court found no apparent connection between the lawsuit and the Eastern District of New York, venue was proper in the Southern District rather than the Eastern District.
Ruling
Under 28 U.S.C. § 1406(a), when venue is improper, a court may dismiss the case or, in the interest of justice, transfer it to a district where it could have been brought. The court transferred the action to the Southern District of New York instead of dismissing the complaint. The clerk was directed to transfer the action, mail the order to Marquez, and mark the case closed in the Eastern District of New York.
The court reserved Marquez’s request to proceed without paying filing fees for the transferee court. It also certified that any appeal from the order would not be taken in good faith and denied fee-free status for purposes of any appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.