Keita v. College of Staten Island

Background

Mohammed Keita, proceeding without a lawyer, filed a complaint against the College of Staten Island (CUNY). He invoked federal-question and diversity jurisdiction and described his claims as involving “discrimination and stalking.” He sought “full reimbursements” of tuition payments from 2020 through 2023.

Venue and Transfer

Venue is the legally proper location for a case. The court explained that federal law permits a civil action to be filed where a substantial part of the events occurred. The court stated that the complaint did not show that the events concerning Keita’s tuition payments occurred in the Southern District of New York. It determined that Staten Island is in Richmond County, which is in the Eastern District of New York, and that the claims appeared to have arisen there.

The court also considered transfer under 28 U.S.C. § 1404(a), which allows a court to move a case to another proper district for the convenience of the parties and witnesses and in the interest of justice. The court stated that the underlying events occurred in Richmond County, where Keita resides and the College is located, and that the Eastern District of New York appeared to be more convenient.

Disposition

The court ordered the Clerk of Court to transfer the action to the United States District Court for the Eastern District of New York. The order closed the action in the Southern District of New York. It stated that the transferee court would decide whether Keita could proceed without prepaying fees, and that summonses would not issue from the Southern District of New York. The court also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The court did not decide the merits of Keita’s discrimination, stalking, or tuition-reimbursement claims.