Reported / Citable
Background
Nevada resident H. Provino, proceeding pro se, sued former Texas Governor Rick Perry, Texas Governor Greg Abbott, Southern Texas Title, the United States, and the State of Texas. She invoked federal-question and diversity jurisdiction, alleging violations of her rights.
Although the complaint was unclear, the court understood the underlying events and apparent real-property dispute to concern Texas. Provino alleged that Southern Texas Title was in South Padre Island and provided Austin employment addresses for Perry and Abbott; both locations are within the Southern District of Texas.
The Court’s Holding
Chief Judge Laura Taylor Swain transferred the action from the Southern District of New York to the Southern District of Texas under 28 U.S.C. § 1404(a). The court concluded that Texas was the more convenient forum because the operative events apparently occurred there, the defendants were located or employed there, and relevant witnesses and documents were likely there as well.
The court noted that venue in New York was not proper based on the location of the events or property, and that if the case did not concern real property, Provino’s Nevada residence would make Nevada—not New York—the relevant plaintiff-residence venue. Even assuming venue could be proper in New York because of the federal defendant, transfer remained warranted for convenience and the interest of justice. The court closed the New York case, directed that no summons issue there, and left any decision on fee status to the transferee court.
Key Takeaways
- A court may transfer a case under § 1404(a) even when venue may technically be proper in the original forum.
- The location of operative facts, defendants, witnesses, and records supported transfer to the Southern District of Texas.
- The court denied in forma pauperis status for any appeal from the transfer order, certifying that such an appeal would not be taken in good faith.
Why It Matters
The order illustrates that a plaintiff’s chosen forum receives limited weight when the alleged conduct, property, parties, and evidence are centered elsewhere. For litigation tied to Texas property and Texas-based defendants, the Southern District of Texas was the practical forum despite the presence of the United States as a defendant.