Scales v. Federal Bureau of Investigations
- Laura Swain
- 1:22-cv-09066
- U.S. District Court · Southern District of New York
- 3
In Scales v. FBI, Judge Swain transferred the case to the District of Columbia because venue was improper in New York.
William Scales's case was transferred from the Southern District of New York to the District of Columbia. The FBI remained the defendant, and the transferee court was left to decide whether Scales could proceed without prepaying fees.
What happened
In Scales v. Federal Bureau of Investigation, William Scales, representing himself, sued the FBI. He alleged that in 2022 the agency failed to contact him and possibly failed to investigate a complaint he submitted through fbi.gov.
The court ruled that venue was improper in the Southern District of New York because the FBI does not reside there and the alleged events did not occur there. It transferred the case to the United States District Court for the District of Columbia instead of dismissing it.
Chief Judge Laura Taylor Swain ordered the transfer and closed the case in her court. She left any decision about allowing Scales to proceed without paying fees to the District of Columbia court and stated that an appeal could not proceed without prepayment of fees.
The detailed version
- Scales v. Federal Bureau of Investigations · No. 1:22-cv-09066
- Laura Swain
- Dec. 9, 2022
Background
William Scales, who resides in Brooklyn, New York, filed this self-represented action against the Federal Bureau of Investigation. He alleged that in 2022 the FBI “neglected to contact” him and possibly had not investigated a complaint he said he filed on fbi.gov. The opinion identifies the FBI as the only defendant.
Venue analysis
The court applied the federal venue statute, 28 U.S.C. § 1391. It concluded that venue was not proper in the Southern District of New York because the FBI does not reside there and the alleged events or omissions did not occur there. The court determined that venue was proper in the District of Columbia, where the FBI is located.
Ruling and effect
Under 28 U.S.C. § 1406, a court may transfer a case filed in the wrong venue when transfer serves the interests of justice. The court transferred the action to the United States District Court for the District of Columbia. The Clerk was directed to make the transfer, no summons was to issue from the Southern District of New York, and the order closed the case there.
The opinion states that the transferee court would decide whether Scales could proceed without prepaying fees. It also states that Scales had not submitted an application to proceed without prepaying fees or paid the filing fee. The court certified that any appeal would not be taken in good faith and denied the ability to proceed without prepaying fees for purposes of an appeal. Chief Judge Laura Taylor Swain signed the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.