Howard v. Vedder

Background

Charles Howard, incarcerated at Great Meadow Correctional Facility, filed this action without a lawyer under 42 U.S.C. § 1983, a federal law allowing claims against state actors for violating federal rights. He alleged that E. Vedder and other defendants violated his rights at Great Meadow.

Venue analysis

The court applied 28 U.S.C. § 1391(b), which identifies the federal districts where a civil action may be filed. The court explained that venue may be proper where a defendant resides, where a substantial part of the events or omissions 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 Howard did not allege that any defendant resided in the Southern District of New York or that a substantial part of the events or omissions occurred there. Because the claims arose at Great Meadow, located in Washington County, the court determined that venue lies in the Northern District of New York.

Disposition

Chief Judge Colleen McMahon ordered the action transferred to the United States District Court for the Northern District of New York under 28 U.S.C. § 1406(a), which permits transfer when venue is improper. The Clerk was directed to transfer the action, mail the order to Howard, terminate any motions, and note service on the docket. A summons was not to issue from the Southern District of New York, and that court stated that the receiving court would decide whether Howard could proceed without prepaying filing fees. The order closed the case in the Southern District of New York. The court also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.