Virgo v. U.S. Army
- John Cronan
- 1:23-cv-05283
- U.S. District Court · Southern District of New York
- 3
In Virgo v. U.S. Army, Judge Cronan transferred Virgo’s case to New Jersey because venue was improper in New York.
Virgillio Virgo’s case was moved from the Southern District of New York to the District of New Jersey; the court did not decide his underlying claims.
What happened
In Virgillio Virgo v. U.S. Army and Walson Army Hospital Fort Dix, New Jersey, Virgillio Virgo, representing himself, alleged that people at the hospital injured his left knee and violated his rights.
The court determined that the alleged events occurred in Fort Dix, New Jersey, and that the complaint did not show that venue was proper in New York. Rather than dismissing the case, the court transferred it to the United States District Court for the District of New Jersey. The court did not decide whether Virgo’s claims were timely or whether they had merit.
Judge John P. Cronan ordered the Clerk to transfer the case and directed that no summons issue from the New York court. He also denied Virgo permission to proceed without paying fees on any appeal, certifying that an appeal would not be taken in good faith.
The detailed version
- Virgo v. U.S. Army · No. 1:23-cv-05283
- John Cronan
- July 7, 2023
Background
Virgillio Virgo, who represented himself and paid the filing fees, sued the United States Army and Walson Army Hospital Fort Dix, New Jersey. He alleged that a squad leader held him down while William Rogers assaulted him, causing a serious fracture to his left knee and other lasting harm.
The court noted that Walson Army Hospital had been located at Fort Dix, New Jersey, and had closed in 2001. Virgo did not state where any defendant resided, but the allegations indicated that the events occurred at the hospital in New Jersey.
Venue analysis
Federal law generally permits a civil case to be filed where a defendant resides, where a substantial part of the events occurred, or, if no other district qualifies, where a defendant is subject to the court’s authority. The court concluded that the complaint did not establish proper venue in the Southern District of New York because the alleged events occurred in New Jersey and the complaint did not indicate that all defendants resided in New York.
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 concluded that Virgo’s claims arose in Fort Dix, which is in the District of New Jersey, and that venue therefore lies in that district.
Ruling
The court ordered the Clerk of Court to transfer the action to the United States District Court for the District of New Jersey. It did not rule on the timeliness or merits of Virgo’s claims. The court also ordered that no summons issue from the Southern District of New York. Finally, Judge John P. Cronan certified that an appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.