Carter v. United States of America

Background

Shaquille Carter, who was incarcerated at the Federal Correctional Institution in Danbury, Connecticut, brought this action without a lawyer under the Federal Tort Claims Act (FTCA). He asserted claims arising from events allegedly occurring at the federal Metropolitan Detention Center in Brooklyn, New York, while he was incarcerated there. The defendants included the United States of America and other defendants listed in the caption.

Venue analysis

The court applied 28 U.S.C. § 1402(b), which provides that an FTCA action must be brought either in the judicial district where the plaintiff resides or in the district where the complained-of act or omission occurred. The court stated that Carter alleged that the events underlying his claims occurred at the Metropolitan Detention Center in Brooklyn, in Kings County. Kings County is within the Eastern District of New York. The court concluded that Carter had not shown facts establishing that the Southern District of New York was a proper venue, while the Eastern District of New York was a proper venue.

Ruling

Under 28 U.S.C. § 1406(a), when a case is filed in the wrong venue, a court may dismiss it or, in the interest of justice, transfer it to a district where it could have been brought. The court transferred the action to the United States District Court for the Eastern District of New York in the interest of justice. The order directs the clerk to make the transfer, states that no summons would issue from the Southern District of New York, and closes the action in that court.

The order leaves to the Eastern District of New York the question whether Carter may proceed without prepaying filing fees. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without prepaying fees.