Ferrantino v. U.S.D.C. Bridgeport

Background

Vincent Ferrantino, who was incarcerated at Garner Correctional Institution and was proceeding without a lawyer, brought an action against U.S.D.C. Bridgeport and Enfield Trust Fund. The dispute concerned $1,580 that Enfield Trust Fund submitted to the United States District Court for the District of Connecticut. Ferrantino sought the money’s return.

Venue analysis

The court applied the general federal venue statute, 28 U.S.C. § 1391(b). That statute permits a civil action in a district where a defendant resides, where a substantial part of the events or omissions occurred, or, in limited circumstances, where a defendant is subject to the court’s personal jurisdiction. The court concluded that Ferrantino did not allege that any defendant resided in the Southern District of New York or that a substantial part of the events occurred there. It found that the claims arose in Bridgeport, Connecticut, which is in the District of Connecticut.

Disposition

Under 28 U.S.C. § 1406(a), the court transferred the action to the United States District Court for the District of Connecticut. The order directed the clerk to mail the order to Ferrantino and transfer the action, stated that the transferee court would decide whether he could proceed without prepaying fees, and directed that no summons issue from the Southern District of New York. The order closed the case in that court. Chief Judge Colleen McMahon certified that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.