Rush v. Annucci
- Colleen McMahon
- 1:19-cv-11830
- U.S. District Court · Southern District of New York
- 4
In Rush v. Annucci, Judge McMahon transferred Rush’s prison-rights case from the Southern District of New York to the Western District for convenience and justice.
Basheen Rush’s action against Anthony Annucci and the other defendants was transferred from the Southern District of New York to the Western District of New York. The underlying claims were not decided in this order.
What happened
In Rush v. Annucci, Basheen Rush, who was incarcerated at Orleans Correctional Facility, sued Anthony Annucci and other prison officials. He alleged that officials burdened his Shi’a Muslim religious practices and failed to provide onion-free meals for his documented onion allergy.
The court found that events occurred at correctional facilities in the Southern, Northern, and Western Districts of New York, so more than one district could be a proper venue. It transferred the entire case to the Western District of New York because Rush was at Orleans, substantial events occurred there, and he sought court orders addressing ongoing violations there.
Judge Colleen McMahon ordered the Clerk to transfer the case and stated that the Western District would decide whether Rush could continue without paying filing fees. The order closed the Southern District case, directed that no summons issue there, and denied fee-free status for any appeal.
The detailed version
- Rush v. Annucci · No. 1:19-cv-11830
- Colleen McMahon
- Mar. 9, 2020
Background
Basheen Rush brought this self-represented action under 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act, a federal law concerning religious exercise in institutions. He alleged that prison officials at multiple facilities burdened his Shi’a Muslim religious practices and denied him onion-free meals despite his documented onion allergy.
The alleged events occurred at Orleans, Coxsackie, Ulster, Auburn, and Downstate Correctional Facilities. The opinion states that Orleans is in the Western District of New York; Coxsackie, Ulster, and Auburn are in the Northern District; and Downstate is in the Southern District. Rush sought injunctive relief concerning ongoing alleged violations at Orleans.
Venue and Transfer
The court explained that federal venue may be proper where a defendant resides or where a substantial part of the events occurred. It concluded that the Southern, Northern, and Western Districts could be proper venues because the complaint concerned events in each of those areas.
The court then applied the federal transfer statute, 28 U.S.C. § 1404(a), which permits transfer for the convenience of the parties and witnesses and in the interest of justice. It concluded that transferring the entire action to the Western District was appropriate because Rush was at Orleans, a substantial part of the alleged events occurred there, and the requested injunctive relief concerned ongoing alleged violations at that facility. The transfer was ordered on the court’s own initiative.
Disposition
The court directed the Clerk to mail the order to Rush, record service, and transfer the action to the United States District Court for the Western District of New York. It stated that the transferee court would determine whether Rush could proceed without prepaying fees. The court also directed that no summons issue from the Southern District and stated that the order closed the case there.
The court certified under 28 U.S.C. § 1915(a)(3) 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; it did not decide the underlying religious-practice or meal claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.