DiDomenico v. Superintendent

Background

Gerald C. DiDomenico, Jr., who was incarcerated at Clinton Correctional Facility, filed a pro se action under 42 U.S.C. § 1983. He sought to be “expelled from the Intermediate Care Program,” alleging that unnamed individuals were violating his rights. He described the defendants as people connected to Central New York Psychiatric Center and authority from Albany who were making patients at Clinton feel continuously ill.

The opinion notes that the plaintiff did not submit an application to proceed without prepaying fees or a prisoner authorization.

Venue analysis

Under 28 U.S.C. § 1391(b), venue generally may lie where a defendant resides, where a substantial part of the events giving rise to the claim occurred, or, if neither applies, where a defendant is subject to the court’s personal jurisdiction. The court found that the plaintiff did not allege that any defendant resided in the Southern District of New York or that a substantial part of the relevant events occurred there.

The court determined that the claims arose in Clinton County, New York. Because Clinton County is in the Northern District of New York, the court concluded that venue was proper there under § 1391(b)(2).

Ruling and disposition

The court transferred the action to the United States District Court for the Northern District of New York under 28 U.S.C. § 1406(a). The Clerk was directed to mail the order to the plaintiff, note service on the docket, and transfer the action. The order states that a summons would not issue from the Southern District of New York and that the order closed the case there.

The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The opinion states that the transferee court would decide whether the plaintiff could proceed further without prepaying fees.