Chirse v. Clemson Business Office
- Colleen McMahon
- 1:20-cv-11041
- U.S. District Court · Southern District of New York
- 2
In Chirse v. Clemson Business Office, Judge McMahon transferred the action to the Western District of New York because venue was improper.
Devante Chirse and the defendants in the action were affected by the transfer of the case from the Southern District of New York to the Western District of New York.
What happened
In Chirse v. Clemson Business Office, Devante Chirse brought a self-represented civil-rights lawsuit under federal law, alleging that defendants violated his rights at Southport Correctional Facility.
The court found that Chirse did not allege that any defendant lived in the Southern District of New York or that a substantial part of the events occurred there. Because the alleged events occurred in Chemung County, the court determined that the Western District of New York was the proper venue.
Judge McMahon transferred the action to the Western District of New York and closed the case in the Southern District of New York. The court did not decide whether Chirse could proceed without paying filing fees, and it denied fee-free status for any appeal from the transfer order.
The detailed version
- Chirse v. Clemson Business Office · No. 1:20-cv-11041
- Colleen McMahon
- Jan. 4, 2021
Background
Devante Chirse, who was incarcerated at Southport Correctional Facility, filed a self-represented lawsuit under 42 U.S.C. § 1983. He alleged that the defendants violated his rights at Southport, which the opinion states is in Pine City, Chemung County, New York.
Venue analysis
Venue is the proper federal court location for a lawsuit. Under 28 U.S.C. § 1391(b), venue generally is proper where a defendant resides, where a substantial part of the events occurred, or, if neither applies, where a defendant is subject to the court’s authority. The court concluded that Chirse did not allege that any defendant resided in the Southern District of New York or that a substantial part of the events giving rise to his claims occurred there.
The court determined that Chirse’s claims arose in Chemung County, which is in the Western District of New York. It therefore found that venue lay in the Western District of New York and transferred the action under 28 U.S.C. § 1406(a).
Disposition
Judge Colleen McMahon directed the Clerk of Court to transfer the action to the United States District Court for the Western District of New York, mail the order to Chirse, and note service on the docket. The order states that the Southern District of New York case was closed and that no summons would issue from that court. The transferee court was left to decide whether Chirse could proceed without prepaying fees. The court also certified that an appeal would not be taken in good faith and denied fee-free status for an appeal. The court did not decide the merits of Chirse’s civil-rights allegations.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.