Chirse v. Bosto

Background

Devante Chirse, who was incarcerated at Southport Correctional Facility, filed this lawsuit without a lawyer under 42 U.S.C. § 1983. He alleged that the defendants violated his rights while he was incarcerated at Clinton Correctional Facility in Dannemora, Clinton County, New York.

Venue Analysis

Venue is the federal district where a lawsuit may properly be heard. The court applied 28 U.S.C. § 1391(b), which generally permits a civil action to be filed where a defendant resides, where a substantial part of the events occurred, or, in limited circumstances, where a defendant is subject to the court’s authority.

The court found that Chirse did not allege that any defendant resided in the Southern District of New York. He also did not allege that a substantial part of the events giving rise to his claims occurred there. Because the claims arose at Clinton Correctional Facility in Clinton County, the court determined that venue was proper in the Northern District of New York.

Disposition

Under 28 U.S.C. § 1406(a), Judge Colleen McMahon ordered the action transferred to the United States District Court for the Northern District of New York. The Clerk was directed to transfer the action, and the order stated that the Southern District case was closed. The court also directed that a summons would not issue from the Southern District of New York. The transferee court was left to decide whether Chirse could proceed without prepaying filing fees.

The court certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.