Parkes v. Broward County Office of Medical Examiner & Trauma
Parkes v. Broward County Office of Medical Examiner & Trauma
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK TIFFANY ANNE PARKES, Plaintiff, -against- 25-CV-2307 (LTS) BROWARD COUNTY OFFICE OF TRANSFER ORDER MEDICAL EXAMINER & TRAUMA; FOREST LAW FUNERAL HOME & MEMORIAL GARDENS, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff Tiffany Anne Parkes, who resides in New York County, brings this pro se action invoking the Court’s diversity jurisdiction. She asserts claims arising from events related to her mother’s death in Margate, Broward County, Florida. Named as Defendants are the Broward County Office of Medical Examiner & Trauma and the Forest Law Funeral Home & Memorial Gardens, both located in Fort Lauderdale, Broward County, Florida. For the following reasons, the Court transfers this action under
28 U.S.C. § 1406to the United States District Court for the Southern District of Florida. DISCUSSION 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 Section 1391(c), a “natural person” resides in the district where the person is domiciled, and an “entity with the capacity to sue and be sued” 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 alleges that both Defendants reside in Broward County, Florida, and that the events giving rise to her claims occurred in Broward County. Thus, from the face of the
complaint, it is clear that venue is not proper in this court under Section 1391(b)(1), (2). Under
28 U.S.C. § 1406, if a plaintiff files a case in the wrong venue, the Court “shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought.”
28 U.S.C. § 1406(a). Venue for this action is proper in the Southern District of Florida under both Section 1391(b)(1) and Section 1391(b)(2). Accordingly, as venue lies in the Southern District of Florida, in the interest of justice, the Court transfers this action to the United States District Court for the Southern District of Florida. See
28 U.S.C. § 1406(a). CONCLUSION The Clerk of Court is directed to transfer this action to the United States District Court for the Southern District of Florida. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. A summons
shall not issue from this Court. This order closes this case. 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 in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States,
369 U.S. 438, 444-45(1962). SO ORDERED. Dated: April 4, 2025 New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge
Reference
- Status
- Unknown