Bellinger v. Fludd

Background

Leonis Bellinger II brought a lawsuit without a lawyer under 42 U.S.C. § 1983, a federal law allowing claims against state actors for violating federal rights. He sued Vera Fludd, identified in the caption as Sheriff, and other defendants. Bellinger alleged that the defendants violated his rights while he was detained at Nassau County Correctional Facility. The opinion states that Bellinger was incarcerated at Moriah Shock Incarceration Correctional Facility when he filed the action.

Venue analysis

The court applied 28 U.S.C. § 1391(b), which generally permits a civil case to be filed where a defendant resides, where a substantial part of the events occurred, or, in limited circumstances, where a defendant is subject to the court’s authority. The court found that Bellinger did not allege that any defendant resided in the Southern District of New York or that a substantial part of the events giving rise to his claims occurred there.

Because Bellinger’s claims arose at the Nassau County Correctional Facility, the court determined that venue was proper in the Eastern District of New York. The opinion’s reasoning and conclusion identify the Eastern District of New York as the transferee court, although one sentence says “the United States District Court for the District of New York.”

Ruling and disposition

Judge Colleen McMahon ordered that the action be transferred to the United States District Court for the Eastern District of New York under 28 U.S.C. § 1406(a), a statute permitting transfer when venue is improper. The clerk was directed to mail Bellinger a copy of the order and record service on the docket. The court stated that the transferee court would decide whether Bellinger could proceed without prepaying filing fees. No summons was to issue from the Southern District, and the order states that the case was closed there.

The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The order did not decide whether Bellinger’s underlying civil-rights allegations were valid.