Adger v. JPAY Banking National System

Background

Gerald Adger, who was incarcerated at Auburn Correctional Facility, filed this action without a lawyer under 42 U.S.C. § 1983. He alleged that JPAY Banking National System, the Department of Corrections and Community Supervision, and New York State Parole violated his First Amendment rights at the Auburn facility. The opinion states that JPAY is located in Miramar, Florida, and that the two state-related defendants are located in Albany County.

Venue analysis

The court explained that federal law 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 personal jurisdiction. The court found that venue did not appear proper in the Southern District of New York because Adger did not allege that any defendant resided there or that a substantial part of the relevant events occurred there.

The court also considered transfer under 28 U.S.C. § 1404(a), which allows a court to move a case for the convenience of the parties and witnesses and in the interest of justice. It considered the location of the underlying events, the location of Auburn Correctional Facility, and the other circumstances identified in its transfer analysis. Because the events occurred in Cayuga County, which is in the Northern District of New York, the court concluded that transfer was appropriate and that venue was proper there.

Disposition

The court directed the Clerk of Court to transfer the action to the United States District Court for the Northern District of New York. It also directed the Clerk to assign the matter to Judge McMahon’s docket, mail Adger a copy of the order, and note service on the docket. The court stated that no summons would issue from the Southern District of New York and that the order closed the case there.

The court left to the transferee court the question whether Adger could proceed without prepaying fees. 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 based on venue and the interest of justice; it did not decide whether Adger’s First Amendment allegations were legally or factually valid.