Allen v. John/Jane Doe
- Laura Swain
- 1:23-cv-11328
- U.S. District Court · Southern District of New York
- 3
In Allen v. John/Jane Doe, Chief Judge Swain transferred the unclear action to Maryland because New York was not proper venue.
Marcus M. Allen and the handling of his filing; the District of Maryland will determine whether the filing concerns an earlier case, new incarceration-related claims, or assistance in an ongoing Maryland criminal case.
What happened
In Allen v. John/Jane Doe, Marcus M. Allen submitted papers about an earlier closed Maryland case, his incarceration at Jessup Correctional Institution, and possibly his criminal proceedings. The court said it was unclear what relief he was seeking.
The court determined that the Southern District of New York was not the proper place for any of the possible claims. It transferred the action to the District of Maryland, where the court could determine whether Allen was trying to reopen the earlier case, bring new incarceration-related claims, or seek help in an ongoing Maryland criminal case.
Chief Judge Laura Taylor Swain ordered the transfer and closed the New York case. She also directed that no summons issue and denied permission to proceed without prepaying fees for any appeal; the Maryland court will decide whether Allen may proceed without prepaying fees there.
The detailed version
- Allen v. John/Jane Doe · No. 1:23-cv-11328
- Laura Swain
- Jan. 22, 2024
Background
Marcus M. Allen submitted documents captioned for the District of Maryland and a letter referring to an earlier closed case in that district, his incarceration at Jessup Correctional Institution, requests involving federal law-enforcement agencies and appointed counsel, and alleged problems with parole. The court understood the filing as possibly concerning the earlier case, new claims related to Allen’s incarceration, or assistance in a criminal case.
Venue Analysis
Venue means the federal district where a civil action may properly be heard. The court explained that claims concerning Allen’s incarceration at Jessup should be filed in the District of Maryland because the relevant events occurred there. It also stated that documents concerning the earlier closed case must be filed in that case and that requests for help in an open criminal case must be made in the criminal case.
Under 28 U.S.C. § 1406, when a civil action is filed in the wrong venue, the court may dismiss it or, when that serves the interests of justice, transfer it to a district where it could have been brought. The court concluded that the Southern District of New York was not a proper venue for any relief Allen might be seeking and transferred the action to the District of Maryland so that court could determine the nature of the filing.
Disposition
The Clerk was directed to transfer the action to the United States District Court for the District of Maryland. The order states that the New York case is closed, no summons will issue from that court, and the transferee court will decide whether Allen may proceed without prepaying fees. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. Judge Laura Taylor Swain did not decide the merits of any incarceration-related, criminal, or earlier-case claim.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.