Ortiz v. Superintendent

Background

Edwin Ortiz, who was incarcerated at Clinton Correctional Facility, filed this action about his present conditions of confinement. The opinion states that Ortiz proceeded without a lawyer. It also notes that he did not submit an application to proceed without prepaying filing fees or a required prisoner authorization.

Venue Analysis

Venue is the proper federal court location for a case. Under 28 U.S.C. § 1391(b), venue may be proper where a defendant resides or where a substantial part of the events giving rise to the claims occurred. The court found that Ortiz 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 concluded that Ortiz’s claims arose at Clinton Correctional Facility in Clinton County, New York. Because Clinton County is in the Northern District of New York, the court determined that venue was proper there under § 1391(b)(2). It transferred the action under 28 U.S.C. § 1406(a), which permits transfer when venue is improper.

Disposition

The court directed the Clerk to transfer the action to the United States District Court for the Northern District of New York and to mail Ortiz a copy of the order. It stated that the transferee court would decide whether Ortiz could proceed without prepaying fees. No summons would issue from the Southern District of New York, and 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 fee-free status for purposes of an appeal. Judge Colleen McMahon issued the order.