Blunt v. Pfluger

Background

Gerald Blunt, who is detained at Rikers Island and is proceeding without a lawyer, brought an action under 42 U.S.C. § 1983. He alleged that Officer Pfluger and other defendants violated his rights at Auburn Correctional Facility, or Auburn CF.

Venue and transfer

Venue is the proper federal court location for a lawsuit. The court explained that federal law generally allows a civil action to be filed where a defendant resides or where a substantial part of the events occurred. Blunt did not provide facts about the defendants’ residences. The court therefore could not determine whether venue was proper in the Southern District of New York based on the defendants’ residences.

The court concluded that venue was proper in the Northern District of New York because Auburn CF is in Cayuga County, New York, and the alleged events occurred there. The court also applied 28 U.S.C. § 1404(a), which permits transfer to another proper district for the convenience of the parties and witnesses and in the interest of justice. It found transfer appropriate because the underlying events occurred at Auburn CF, where the defendants were employed, and because relevant documents and witnesses were reasonably expected to be there.

Disposition

The court transferred the action to the United States District Court for the Northern District of New York. The Clerk was directed to carry out the transfer, and the order closed the case in the Southern District of New York. A summons was not to issue from that court. The court left to the Northern District of New York the question whether Blunt could continue without prepaying filing fees. It certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.