Greene v. U.S. District Court for the Eastern District of California

Background

Cedric Greene, proceeding without a lawyer, sued the U.S. District Court for the Eastern District of California. The opinion states that Greene resides in Los Angeles, California, and that he asserted claims concerning an action he had filed in the Eastern District of California. The opinion does not describe the underlying claims in detail.

Venue Analysis

The court explained that federal law generally permits a civil action to be brought where a defendant resides, where a substantial part of the events or omissions giving rise to the claims occurred, or, in some circumstances, where a defendant is subject to personal jurisdiction. Greene alleged that the events supporting his claims occurred in the Eastern District of California. The court therefore concluded that, from the complaint itself, venue was not proper in the Southern District of New York.

Under 28 U.S.C. § 1406(a), when a case is filed in the wrong venue, the court may dismiss it or, when justice requires, transfer it to a district where it could have been brought. The court determined that venue was proper in the Eastern District of California and that transfer was in the interest of justice.

Ruling

The court transferred the action to the U.S. District Court for the Eastern District of California. The Clerk was directed to transfer the case, and the court stated that the receiving court would decide whether Greene could proceed without prepaying filing fees. The court directed that no summons issue from the Southern District of New York and stated that the order closed the case in that court.

The opinion also noted that Greene had filed more than 300 cases in other federal courts, many of which had been found frivolous, malicious, or vexatious. It further stated that Greene had previously been warned that additional frivolous, vexatious, or nonmeritorious litigation could result in restrictions on filing new actions without paying fees in that court. That warning remained in effect.

Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal.