Mayo v. Mayo
- Laura Swain
- 1:23-cv-03175
- U.S. District Court · Southern District of New York
- 3
In Mayo v. Mayo, Judge Swain transferred the case to the Eastern District of New York because venue was proper there, not in the Southern District.
Maurice Mayo Jr.'s case was moved from the Southern District of New York to the Eastern District of New York. The transfer affects Mayo and the named defendants, while the transferee court will decide whether the case may proceed without prepaying fees.
What happened
Maurice Mayo Jr. filed this case without a lawyer while incarcerated, naming Latasha P. Mayo, Janelle Hyer-Spencer, and Jane Doe as defendants. He alleged that events supporting his claims occurred on Staten Island, New York.
The Southern District of New York said it was not the proper venue because no defendant was alleged to live there, and one defendant was alleged to live in Texas. Because Staten Island is in the Eastern District of New York, that court was a proper venue.
Judge Laura Taylor Swain transferred the case to the Eastern District of New York in the interest of justice. The Southern District closed the case, did not issue summonses, left any decision about proceeding without paying fees to the transferee court, and denied fee-free status for an appeal.
The detailed version
- Mayo v. Mayo · No. 1:23-cv-03175
- Laura Swain
- Apr. 21, 2023
Background
Maurice Mayo Jr. filed a federal civil action without a lawyer, invoking federal-question jurisdiction. The opinion states that he was incarcerated at Mohawk Correctional Facility. He named Latasha P. Mayo, identified as residing in Elgin, Texas; Janelle Hyer-Spencer, identified as residing in Staten Island, New York; and Jane Doe, identified as an unidentified person connected to a Family Court record and residing in Staten Island, New York.
Venue analysis
The court applied 28 U.S.C. § 1391(b), the federal venue statute. It concluded that the Southern District of New York was not a proper venue under the provision allowing suit where defendants reside because Mayo did not allege that any defendant resided in that district and did not allege that all defendants resided in New York. The court also concluded that the Eastern District of New York was a proper venue because Mayo alleged that the events underlying his claims occurred on Staten Island, which is in Richmond County and within the Eastern District.
Ruling
Under 28 U.S.C. § 1406(a), a court may transfer a case filed in the wrong venue when transfer serves the interest of justice. The court directed the Clerk to transfer this action to the United States District Court for the Eastern District of New York. The order states that the Southern District case was closed, summonses would not issue from that court, and the transferee court would decide whether Mayo could proceed without prepaying fees. 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 opinion does not decide the underlying claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.