Pittman v. Allen

Background

Nadira A. Pittman, who resides in Queens County, New York, brought this pro se action, meaning she represented herself, against Nicole Allen, the Stockbridge Police Department, and the State of Georgia. She alleged that the defendants violated her federal rights in Stockbridge, Georgia.

Venue Analysis

Federal venue rules generally permit a civil case to be filed 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 personal jurisdiction. The court determined from the complaint that Pittman’s claims arose outside the Southern District of New York and involved parties who did not reside in that district. Venue was therefore not proper there.

Under 28 U.S.C. § 1406(a), when a case is filed in the wrong venue, a court may dismiss it or, when justice favors that result, transfer it to a district where it could have been filed. The court found that Pittman’s claims allegedly arose in Stockbridge, Henry County, Georgia, which is in the Northern District of Georgia.

Ruling

Judge Laura Taylor Swain ordered the Clerk of Court to transfer the action to the United States District Court for the Northern District of Georgia, Atlanta Division. The order did not decide the merits of Pittman’s alleged federal-rights violations. It stated that the transferee court would decide whether Pittman could proceed without prepaying filing fees. Pittman had not paid the filing fees or submitted an application to proceed without prepayment, and her complaint was unsigned. No summons issued from the Southern District of New York, and the order closed the case in that court.

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