Quiroz v. Elmira Psychiatric Center/Hospital
- Laura Swain
- 1:23-cv-00384
- U.S. District Court · Southern District of New York
- 3
In Quiroz v. Elmira Psychiatric Center/Hospital, Judge Swain transferred the pro se action to the Western District of New York because the events occurred there.
Nicole Lynn Quiroz and Elmira Psychiatric Center/Hospital; the case was moved from the Southern District of New York to the Western District of New York.
What happened
Quiroz v. Elmira Psychiatric Center/Hospital concerns Nicole Lynn Quiroz’s claims about events that allegedly occurred in 1992 in Chemung County, New York. She brought the case without a lawyer in the Southern District of New York.
Quiroz alleges that, when she was young, Elmira Psychiatric Center released her to someone known to be abusive, causing her serious harm. She resides in Steuben County, while the defendant and the events connected to her claims are in Chemung County.
The court transferred the action to the Western District of New York, where venue appears proper and the case would be more convenient, Judge Swain ruled. The Southern District case was closed, and the court denied permission to appeal without paying fees.
The detailed version
- Quiroz v. Elmira Psychiatric Center/Hospital · No. 1:23-cv-00384
- Laura Swain
- Jan. 18, 2023
Background
Nicole Lynn Quiroz brought this action without a lawyer against Elmira Psychiatric Center/Hospital. She alleges that, as a young person, she was released from Elmira Psychiatric Center to the custody of a person known to be abusive and suffered serious harm as a result. The opinion states that the claims arose in 1992 in Chemung County, New York. Quiroz resides in Steuben County, New York.
Venue and Transfer
The court explained that federal venue rules generally allow a civil case to be filed where the defendant resides, where a substantial part of the events occurred, or, in limited circumstances, where the defendant is subject to the court’s authority. The court stated that the sole defendant is located in Chemung County and that the events giving rise to the claims appear to have occurred outside the Southern District of New York. It therefore appeared that venue was not proper in that court.
The court determined that venue would be proper in the Western District of New York because Chemung County is in that district. Under 28 U.S.C. § 1404(a), a court may transfer a case for the convenience of the parties and witnesses and in the interest of justice. The court found transfer appropriate because the events occurred in Chemung County, the defendant is located there, and relevant documents and witnesses could reasonably be expected to be there. It also noted that Quiroz lives outside the Southern District and that none of the operative events appeared to have occurred there.
Ruling
Judge Laura Taylor Swain ordered the Clerk of Court to transfer the action to the United States District Court for the Western District of New York. The court stated that the transferee court would decide whether Quiroz could continue without paying filing fees. No summons was to issue from the Southern District, and the order closed the case in that district. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The opinion did not decide the underlying claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.