Valenzuela v. DOJ/FBOP

Background

Pablo Armando Valenzuela brought this action without a lawyer, alleging that Defendants provided inadequate medical care while he was incarcerated at the Metropolitan Detention Center in Brooklyn, New York, and the United States Penitentiary Big Sandy in Inez, Kentucky. The named Defendants were the United States Department of Justice, the Federal Bureau of Prisons, USP Big Sandy medical staff, the MDC Brooklyn Medical Department, Nurse Practitioner Kang, and “All Parties Included in Neglect.” Valenzuela sought injunctive relief and money damages.

Venue

The court explained that venue in a civil action against a federal agency or officer may be proper where a defendant resides, where a substantial part of the events occurred, or, if no real property is involved, where the plaintiff resides. The court found that venue was proper in the Eastern District of New York because MDC Brooklyn is located there and in the Eastern District of Kentucky because USP Big Sandy is located there. It also stated that venue was proper in the Southern District of New York as to the federal agencies because they can be treated as residing in every judicial district. The opinion did not identify where Valenzuela resides for venue purposes.

Transfer ruling

Under 28 U.S.C. § 1404(a), a court may transfer a case, even when venue is proper, for the convenience of the parties and witnesses and in the interest of justice. The court concluded that transfer to the Eastern District of Kentucky was appropriate. It reasoned that substantial parts of the events occurred at USP Big Sandy, where Valenzuela was incarcerated; most Defendants resided; relevant documents and witnesses were likely located; and the requested medical relief would likely be ordered or provided by federal officials at that facility.

Disposition

The court ordered the clerk to transfer the action to the United States District Court for the Eastern District of Kentucky and stated that the order closed the case in the Southern District of New York. It directed that no summons issue from that court. The transferee court was left to decide whether Valenzuela could proceed without prepaying fees. The court certified that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The order addressed venue and transfer, not the merits of Valenzuela’s medical-care allegations.