Opinion

Brown v. Sten

Court
District Court, S.D. New York
Filed
Feb 22, 2022
Cited by
0 cases
Authority
More cited than 27.4%

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

CAROL BROWN,

Plaintiff,

22-CV-533 (LTS)

-against-

DR. JON D. STEN; GEISINGER TRANSFER ORDER

MEDICAL CENTER,

Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge:

Plaintiff filed this pro se complaint against Dr. Jon D. Sten and Geisinger Medical Center,

alleging that they violated her rights. By order dated February 9, 2022, the Court granted

Plaintiff leave to proceed in forma pauperis (IFP). For the following reasons, the Court transfers

this action to the United States District Court for the Middle District of Pennsylvania.

CONCLUSION

Under 28 U.S.C. § 1391(b), a civil action may be brought in

(1) a judicial district in which any defendant resides, if all defendants are residents

of the State in which the district is located; (2) a judicial district in which a

substantial part of the events or omissions giving rise to the claim occurred, or a

substantial part of property that is the subject of the action is situated; or (3) if

there is no district in which an action may otherwise be brought as provided in

this section, any judicial district in which any defendant is subject to the court’s

personal jurisdiction with respect to such action.

Under § 1391(c), an “entity with the capacity to sue and be sued,” if a defendant, resides in any

judicial district where it is subject to personal jurisdiction with respect to the civil action in

question. See 28 U.S.C. § 1391(c)(1), (2).

Plaintiff previously resided in Shamokin, Pennsylvania, but now appears to live in New

York. Sten is located in Shamokin, Pennsylvania, and Geisinger is located in Danville,

Pennsylvania. Plaintiff alleges that Defendants failed to provide her with medical records relating

to her daughter’s death in Pennsylvania. Because Defendants do not reside in this district, and

because a substantial part of the events or omissions giving rise to Plaintiff’s claims arose

outside this district, venue is not proper in this court under Section 1391(b)(1) or (2). Plaintiff’s

claims arose in Danville and Shamokin, Pennsylvania, which are located in the Middle District

of Pennsylvania. See 28 U.S.C. § 118(b). Accordingly, venue lies in the Middle District of

Pennsylvania, 28 U.S.C. § 1391(b)(1), (2), and the Court transfers this action to the United States

District Court for the Middle District of Pennsylvania, 28 U.S.C. § 1406(a).1

CONCLUSION

The Clerk of Court is directed to transfer this action to the United States District Court

for the Middle District of Pennsylvania. A summons will not issue from this court. This order

closes the case in this court.

The Court certifies, pursuant to 28 U.S.C § 1915(a)(3), that any appeal from this order

would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal.

See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).

1 The Court transferred to the Middle District of Pennsylvania a prior complaint Plaintiff

filed. See Brown v. City of Shamokin Police Dep’t, ECF 1:21-CV-8821, 3 (S.D.N.Y. Nov. 16,

2021).

The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on

the docket.

SO ORDERED.

Dated: February 22 2022

New York, New York

/s/ Laura Taylor Swain

LAURA TAYLOR SWAIN

Chief United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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