Morrison v. University of Texas

Background

Susan D. Morrison filed this pro se action under federal-question jurisdiction. She alleged that she was “unjustly terminated” from her job and also alleged blacklisting in Texas, harassment in her neighborhood, interference with her ability to practice her religion, and foreclosure of her house. The opinion states that she did not identify her former employer. She named the University of Texas, the State of Texas, Thomas Spencer, and Apple as defendants.

Morrison alleged that Spencer resides in Dallas, Texas. She did not provide addresses for the University of Texas, the State of Texas, or Apple. She also stated that the events occurred in Texas, Louisiana, New York, Costa Rica, and elsewhere, but did not identify where in Texas the events occurred or provide facts about events outside Texas.

Venue and Transfer

The court considered the federal venue statute, which generally permits a civil action where a defendant resides, where a substantial part of the events occurred, or, if neither applies, where a defendant is subject to personal jurisdiction. The court concluded that venue did not appear proper in New York under the provisions based on a defendant’s residence or personal jurisdiction because Morrison did not allege that any defendant resided or was subject to personal jurisdiction there. Although her allegations suggested that some events occurred in New York State, she did not explain what those events were or where they occurred.

The court also applied the federal transfer statute, which allows a court to transfer a case to another district for the convenience of the parties and witnesses and in the interest of justice. It found transfer appropriate because Morrison did not reside in the Southern District of New York, the alleged events occurred in Texas, apparently including the Northern District of Texas, and most defendants appeared to reside there. The court also considered it reasonable to expect that relevant documents and witnesses would be located in Texas.

Disposition

The court transferred the action to the United States District Court for the Northern District of Texas. It directed the Clerk of Court to make the transfer, stated that summonses would not issue from the Southern District of New York, and closed the action in that court. The transferee court was left to decide whether Morrison could proceed without prepaying fees. The court also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal from this order. The court did not decide the merits of Morrison’s allegations.