In re: Clifford Smith

Background

Clifford Smith, who is incarcerated at Eastern Correctional Facility, submitted a letter to the Southern District of New York without a lawyer. He alleged that correctional staff at Eastern denied him access to hearing aids. The Clerk’s Office opened the letter as a new civil action. Smith did not name any defendants, submit payment, or file an application to proceed without prepaying fees.

Venue analysis

The court applied 28 U.S.C. § 1391, which generally permits a civil action to be filed where a defendant resides, where a substantial part of the events occurred, or, in limited circumstances, where a defendant is subject to the court’s authority. The court explained that it could not evaluate venue based on the defendants’ residences because Smith had not identified any defendants. It found, however, that venue was not proper in the Southern District of New York because the alleged events occurred at Eastern in Napanoch, Ulster County.

The court determined that Napanoch is in the Northern District of New York. Under 28 U.S.C. § 1406(a), when a case is filed in the wrong venue, a court may dismiss it or transfer it to a district where it could have been brought if transfer serves the interests of justice.

Ruling and effect

The court ordered the Clerk to transfer the action to the United States District Court for the Northern District of New York under § 1406(a). The order closed the Southern District case, and no summons would issue from that court. The court left the decision about whether Smith may proceed without prepaying fees to the transferee court. It certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The order transferred the case without deciding the underlying allegation about access to hearing aids.

Judge

The order was signed by Laura Taylor Swain, Chief United States District Judge.