Calvino v. Backslash

Background

Ernest Calvino Jr. brought this self-represented action invoking federal-question jurisdiction. He sued what the court described as a business located in Massachusetts, identified in the complaint as “Paul River Security” or “Backslash.” The opinion does not describe the underlying legal claims in detail, but it states that Calvino alleged that the events giving rise to those claims occurred at a hospital in Springfield, Massachusetts.

Venue analysis

The court applied 28 U.S.C. § 1391, which identifies the federal district where a civil case may be filed. The court explained that venue generally is proper where the defendant resides or where a substantial part of the events occurred. It found that Calvino did not allege that Backslash resides in the Southern District of New York or that the relevant events occurred there. The court therefore concluded that venue was not proper in New York under § 1391(b)(1) or (2).

Disposition

Under 28 U.S.C. § 1406(a), the court transferred the action to the U.S. District Court for the District of Massachusetts, which it identified as the proper venue. The court directed the clerk to mail the order to Calvino and record service, and stated that a summons would not issue from the New York court. The order closed the case in that court. It left the decision about whether Calvino could proceed without prepaying fees to the transferee court. The court also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.