Booker v. Murphy

Background

Diquan Booker, who was incarcerated at Green Correctional Facility, filed this action without a lawyer under 42 U.S.C. § 1983. He alleged that Officer Murphy violated his federal constitutional rights at Shawangunk Correctional Facility.

Venue and Transfer

The court explained that federal law generally permits a civil action to proceed where a defendant resides, where a substantial part of the events occurred, or, in limited circumstances, where a defendant is subject to the court’s authority. Booker did not allege Officer Murphy’s residence. He did allege that the events occurred at Shawangunk, which is in Ulster County and therefore in the Northern District of New York.

The court stated that it was unclear whether venue was proper in the Southern District under the defendant-residence provision because Murphy’s residence was unknown. Even assuming venue was proper in the Southern District, the court concluded that transfer was appropriate under 28 U.S.C. § 1404(a), which permits transfer to another proper district for the convenience of the parties and witnesses and in the interest of justice. The court relied on the location of the events and its expectation that relevant documents and witnesses would also be at Shawangunk.

Disposition

The court transferred the action to the United States District Court for the Northern District of New York. The clerk was directed to carry out the transfer, and the order stated that the Southern District case was closed. The receiving court was left to decide whether Booker could continue without prepaying filing fees, and no summons was to issue from the Southern District. The court also certified that an appeal would not be taken in good faith and denied fee-free status for an appeal.

Judge Laura Taylor Swain signed the order on March 6, 2023.