1:23-cv-03713
S.D.N.Y.May 3, 2023Background
- Plaintiff Mohammad Ammar Halloum, proceeding pro se, sued the United States Air Force under the Rehabilitation Act, Title VII, and 42 U.S.C. § 1981 alleging employment discrimination arising in Tempe, Maricopa County, Arizona.
- Halloum filed the action in the Southern District of New York (SDNY).
- Halloum alleged the discriminatory conduct and relevant employment records were located in Arizona, outside SDNY.
- The Court reviewed Title VII’s venue provision (incorporated into the Rehabilitation Act) and venue-transfer authority under 28 U.S.C. § 1406(a).
- The Court concluded SDNY was an improper venue and, in the interest of justice, ordered the case transferred to the U.S. District Court for the District of Arizona; summonses would not issue in SDNY and the transferee court would decide any request to proceed in forma pauperis.
- The Court denied in forma pauperis status for purposes of appeal, certifying any appeal would not be taken in good faith (citing Coppedge). The order is dated May 3, 2023, signed by Chief Judge Laura Taylor Swain.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper venue for Title VII/Rehabilitation Act claims | Halloum: claims arose in Tempe, AZ, so venue should be in Arizona | USAF: (implied) respondent not properly before SDNY; venue lies where act occurred or records are kept | Venue in SDNY improper; action could have been brought in District of Arizona; transfer appropriate |
| Dismiss vs. transfer when venue is improper | Halloum: filed in SDNY (no explicit request to dismiss) | USAF: (implied) case should be in a proper forum (Arizona) | Under 28 U.S.C. § 1406(a) court transfers case in the interest of justice to District of Arizona rather than dismissing |
| In forma pauperis status for appeal | Halloum: had sought to proceed without prepaying fees (pro se) | USAF: not addressed in opinion | Court certifies appeal not taken in good faith and denies IFP status for appeal under 28 U.S.C. § 1915(a)(3) |
Key Cases Cited
- Coppedge v. United States, 369 U.S. 438 (1962) (appeal not in good faith standard for denying in forma pauperis on appeal)