Frazier v. Town of Islip Housing Authority

Background

Cinqueta Frazier, proceeding without a lawyer, filed a letter alleging that the Town of Islip Housing Authority violated her rights concerning housing in Central Islip, New York. The Clerk opened the letter as a new civil action. The letter was unsigned and was not accompanied by filing fees or a request to proceed without prepaying fees.

Venue analysis

Venue determines the proper federal district for a civil action. Under 28 U.S.C. § 1391(b), venue may generally lie 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. Frazier did not allege the defendant’s residence, but she stated that the events underlying her claims occurred in Central Islip, Suffolk County. Suffolk County is in the Eastern District of New York, not the Southern District of New York.

The court concluded that nothing in Frazier’s submission showed that the defendant was located in the Southern District or that the events occurred there. Venue was therefore not proper in the Southern District under § 1391(b)(1) or (2).

Ruling

Under 28 U.S.C. § 1406(a), when a case is filed in the wrong venue, the court may dismiss it or, in the interest of justice, transfer it to a district where it could have been brought. Chief Judge Laura Taylor Swain transferred the action to the United States District Court for the Eastern District of New York. The order closed the case in the Southern District, directed that no summons issue from that court, and left the decision about whether Frazier could proceed without prepaying fees to the transferee court.

The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.