Ross v. Brown
- Colleen McMahon
- 1:20-cv-10334
- U.S. District Court · Southern District of New York
- 3
In Ross v. Brown, Chief Judge Colleen McMahon transferred the prisoner’s Section 1983 case to the Western District of New York because venue was improper.
The action brought by Mark Geoviny Roy Ross against Chris Brown and Cardi B was transferred from the Southern District of New York to the Western District of New York. The transferee court would decide whether Ross could proceed without prepaying fees.
What happened
Mark Geoviny Roy Ross, who is incarcerated at Wende Correctional Facility, sued Chris Brown and Cardi B under a federal civil-rights law. He alleged that gang members slashed his face while he slept in his cell area at Wende.
The court said the events supporting Ross’s claims occurred at Wende, which is in the Western District of New York. Because Ross did not allege that substantial events occurred in the Southern District of New York, the court found that venue was proper in the Western District instead.
Chief Judge Colleen McMahon transferred the action to the Western District of New York and closed the Southern District case. She did not decide whether Ross’s claims were timely or whether they had merit; the transferee court would decide whether he could proceed without prepaying fees.
The detailed version
- Ross v. Brown · No. 1:20-cv-10334
- Colleen McMahon
- Dec. 9, 2020
Background
Mark Geoviny Roy Ross, who was incarcerated at Wende Correctional Facility, filed a pro se action under 42 U.S.C. § 1983. He alleged that gang members slashed the left side of his face while he was asleep in his cell area at Wende. The opinion’s main text dates the incident to April 14, 2016, while a footnote refers to April 4, 2016. Ross alleged that he received 20 to 25 stitches.
The court noted that the named defendants, Chris Brown and Cardi B, were celebrities in the music industry and did not appear to be involved in Ross’s allegation that he was assaulted at Wende.
Venue Analysis
Federal law generally permits a civil action to be filed where a defendant resides, where a substantial part of the events or omissions giving rise to the claim occurred, or, in limited circumstances, where a defendant is subject to personal jurisdiction when no other proper district exists.
The court determined that Ross did not allege that a substantial part of the events or omissions underlying his claims occurred in the Southern District of New York. Because the alleged assault occurred at Wende Correctional Facility, and Wende is in the Western District of New York, the court concluded that venue was proper there under 28 U.S.C. § 1391(b)(2).
Ruling
Chief Judge Colleen McMahon transferred the action to the United States District Court for the Western District of New York under 28 U.S.C. § 1406(a). The Clerk was directed to mail Ross a copy of the order, record service on the docket, and transfer the action. The court stated that the transferee court would decide whether Ross could proceed without prepaying fees. The Southern District court directed that no summons issue and stated that the order closed the case.
The court expressly made no determination about whether Ross’s claims were timely. It also certified that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.