Figueroa-Negron v. Vilchez, MD
1:16-cv-20228
S.D. Fla.Jan 29, 2016Background
- Pro se prisoner Eduardo Figueroa-Negron, incarcerated at Gulf Correctional Institution in Wewahitchka (Gulf County), sued under 42 U.S.C. § 1983 alleging Dr. Vilchez denied him necessary pain medication.
- Plaintiff filed the suit in the Southern District of Florida. The alleged events occurred at the Gulf facility, which lies in the Northern District of Florida.
- The matter was referred to a magistrate judge for preliminary orders and recommendations on dispositive motions.
- The magistrate reviewed venue statutes and transfer law (28 U.S.C. §§ 1391, 1404) and relevant precedent on transfer and deference to plaintiff’s forum choice.
- The magistrate found most material witnesses and evidence are in the Northern District of Florida and that maintaining the case in the Southern District does not advance private or public interests.
- The recommendation: transfer the action to the U.S. District Court for the Northern District of Florida; the transferee court may require amendment of the complaint and a proper in forma pauperis filing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper venue / whether case lies in Southern District | Filed in Southern District (plaintiff’s chosen forum) | Events occurred at Gulf Correctional in Wewahitchka (Northern District); proper venue is Northern District | Transferred to Northern District under 28 U.S.C. §1404 in interest of justice and convenience |
| Whether court may transfer sua sponte | Not asserted | Transfer may be requested or ordered | Court may transfer sua sponte citing binding precedent |
| Weight of plaintiff's forum choice | Plaintiff’s choice entitled to deference | Choice entitled to less weight because operative facts occurred elsewhere | Plaintiff’s forum choice given less consideration; transfer appropriate |
| Post-transfer procedural requirements | N/A | Transferee court should address pleadings and IFP status | Magistrate recommended transferee court may order amended complaint and proper IFP filing |
Key Cases Cited
- Haines v. Kerner, 404 U.S. 519 (1972) (pro se complaints are construed liberally)
- Robinson v. Giarmarco & Bill, P.C., 74 F.3d 253 (11th Cir.) (factors for §1404(a) transfer)
- Mills v. Beech Aircraft Corp., 886 F.2d 758 (5th Cir.) (courts may transfer cases sua sponte)
- Norwood v. Kirkpatrick, 349 U.S. 29 (1955) (plaintiff’s forum choice ordinarily entitled to deference)
- Thomas v. Arn, 474 U.S. 140 (1985) (standards and consequences for magistrate judge reports and objections)
- Stateline Power Corp. v. Kremer, 404 F. Supp. 2d 1373 (S.D. Fla.) (venue and transfer analysis supporting transfer where operative facts lie elsewhere)