Figueroa v. Koenisgsmann
- Colleen McMahon
- 1:20-cv-00247
- U.S. District Court · Southern District of New York
- 2
In Figueroa v. Koenigsmann, Judge McMahon transferred the prisoner’s civil-rights action to New York’s Northern District because venue was improper.
Jose Figueroa’s lawsuit was transferred from the Southern District of New York to the Northern District of New York. The defendants remain parties to the transferred action, but the opinion does not decide the merits of the claims.
What happened
Figueroa v. Koenigsmann concerns Jose Figueroa’s pro se claim that defendants failed to provide adequate medical care while he was incarcerated at Washington and Greene Correctional Facilities. He brought the action under a federal civil-rights law.
The court explained that the facilities and the events described in the complaint were in Washington and Greene Counties, which are in the Northern District of New York. Figueroa did not allege that a defendant lived in the Southern District or that a substantial part of the events occurred there.
Judge Colleen McMahon transferred the action to the Northern District of New York under the federal venue statute and closed the Southern District case. The court also said that the transferee court would decide whether Figueroa could proceed without paying filing fees and denied fee-free status for any appeal from this order.
The detailed version
- Figueroa v. Koenisgsmann · No. 1:20-cv-00247
- Colleen McMahon
- Jan. 14, 2020
Background
Jose Figueroa, who was incarcerated at Fishkill Correctional Facility, filed this pro se action under 42 U.S.C. § 1983. A pro se litigant represents himself or herself without a lawyer. Figueroa alleged that the defendants violated his rights by failing to provide adequate medical care while he was incarcerated at Washington and Greene Correctional Facilities. The opinion also notes that he requested appointment of pro bono counsel.
Venue Analysis
Venue is the federal district where a lawsuit may properly be heard. Under 28 U.S.C. § 1391(b), venue generally may lie where a defendant resides or where a substantial part of the events giving rise to the claim occurred. The court found that Figueroa did not allege that any defendant resided in the Southern District of New York or that a substantial part of the relevant events occurred there. The claims arose at Washington and Greene Correctional Facilities, which are in Washington and Greene Counties and therefore in the Northern District of New York.
Ruling
The court held that venue was proper in the Northern District of New York and transferred the action there under 28 U.S.C. § 1406(a), the statute allowing transfer when venue is improper. The clerk was directed to transfer the action, mail the order to Figueroa, and note service on the docket. No summons was to issue from the Southern District, and the order states that the Southern District case was closed. The transferee court would decide whether Figueroa could proceed without prepaying filing fees. The court also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. Judge Colleen McMahon did not decide the merits of Figueroa’s medical-care allegations in this transfer order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.