Delvalle v. Annucci
- Colleen McMahon
- 1:20-cv-02134
- U.S. District Court · Southern District of New York
- 2
In Delvalle v. Annucci, Judge McMahon transferred Delvalle’s action to the Western District of New York because venue was improper in the Southern District.
Luis R. Delvalle’s action was transferred from the Southern District of New York to the Western District of New York; the transferee court would decide whether he could proceed without prepaying fees.
What happened
In Delvalle v. Annucci, Luis R. Delvalle, who was incarcerated and representing himself, sued Anthony Annucci for damages in federal court. Delvalle alleged that the events underlying his claims occurred at the Willard Drug Treatment Campus in Seneca County, New York.
The court ruled that the Southern District of New York was not the proper venue because the defendant’s residence was not alleged there and the relevant events occurred in the Western District of New York. The court therefore transferred the action to that district.
Judge Colleen McMahon directed the clerk to transfer the case, stated that the receiving court would decide whether Delvalle could proceed without paying fees, and closed the action in the Southern District. The court also denied fee-free status for any appeal and stated that a summons would not issue from that court.
The detailed version
- Delvalle v. Annucci · No. 1:20-cv-02134
- Colleen McMahon
- Mar. 12, 2020
Background
Luis R. Delvalle, who was incarcerated at Green Haven Correctional Facility and represented himself, brought a federal-question action against Anthony Annucci, identified in the opinion as the Acting Commissioner of the New York State Department of Corrections and Community Supervision. Delvalle sought damages. He alleged that the events underlying his claims occurred at the Willard Drug Treatment Campus in Willard, Seneca County, New York.
Venue analysis
Venue is the legally proper federal district for a case. Under 28 U.S.C. § 1391(b), venue may generally be proper where a defendant resides or where a substantial part of the events giving rise to the claims occurred. The court stated that Delvalle did not allege where Annucci resided. It also found that Delvalle did not allege that the defendant resided in the Southern District of New York or that the events or omissions giving rise to his claims occurred there. Because the alleged events occurred in Seneca County, which is in the Western District of New York, the court determined that the Western District was the proper venue.
Ruling
The court transferred the action to the United States District Court for the Western District of New York under 28 U.S.C. § 1406(a), the statute allowing a case filed in the wrong venue to be transferred. Judge Colleen McMahon directed the clerk to mail Delvalle a copy of the order, note service on the docket, and transfer the action. The order states that the transferee court would decide whether Delvalle could proceed without prepaying fees. The Southern District court stated that a summons would not issue from that court and that the order closed the action there. It also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.