Shabazz v. Annucci

Background

Michael Aziz Zarif Shabazz, a New York City resident proceeding without a lawyer, brought a civil-rights action under 42 U.S.C. § 1983 concerning events that occurred in 2016 while he was incarcerated at Upstate Correctional Facility. The defendants were Anthony J. Annucci, the Acting Commissioner of the New York State Department of Corrections and Community Supervision; Upstate Superintendent David Uhler; Deputy of Security Woodruff; Prison Guard Bailey; and FOIL Supervisor T. Nelson. Shabazz sought permission to proceed without prepaying the filing fee.

Venue

The court explained that federal law generally permits a civil action where a defendant resides, where a substantial part of the relevant events occurred, or, in limited circumstances, where a defendant is subject to the court’s authority. The complaint concerned events at Upstate Correctional Facility in Malone, Franklin County, New York. The opinion states that the Upstate employees reside there and that Commissioner Annucci resides in Albany, New York. Because Shabazz did not allege that the defendants resided in the Southern District or that a substantial part of the events occurred there, the court concluded that venue did not appear proper under the general venue provisions.

Transfer under Section 1404(a)

Even assuming venue was proper, the court considered whether transfer was appropriate under 28 U.S.C. § 1404(a), which allows a court to transfer a case for the convenience of the parties and witnesses and in the interest of justice. The court considered the circumstances identified in its cited authority, including the location of the events, the convenience of the parties and witnesses, access to evidence, the plaintiff’s choice of forum, trial efficiency, and the overall interest of justice. It found transfer appropriate because the underlying events occurred in Malone, where most defendants appeared to reside, and because Malone is in Franklin County, within the Northern District of New York.

Disposition

Chief United States District Judge Colleen McMahon directed the Clerk to transfer the action to the United States District Court for the Northern District of New York. The transferee court would decide whether Shabazz could proceed without prepaying fees. The Southern District would not issue a summons, and the order stated that the case was closed there. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.

Litigation History and Warning

The court noted that a statutory filing restriction that had barred Shabazz from proceeding without prepaying fees while incarcerated did not apply because he was no longer in custody. Based on his litigation history, the court warned that it might restrict a vexatious litigant, including a nonprisoner, from filing future actions without first obtaining the court’s permission. The warning was not a ruling on the merits of the claims.