Chirse v. Southport Medical Dept.

Background

Devante Chirse, who is incarcerated at Southport Correctional Facility, brought this action without a lawyer 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 federal district where a civil case may properly be heard. 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 Chirse 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. Because his claims arose in Chemung County, the court determined that venue lies in the Western District of New York.

Ruling and disposition

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 Chirse a copy of the order, record service on the docket, and transfer the action. The court stated that the transferee court would decide whether Chirse could proceed without prepaying fees. No summons would issue from the Southern District of New York, and the order closed the case in that court. The court also certified that any appeal would not be taken in good faith and denied permission to appeal without prepaying fees.