Fenton v. Annucci

Background

Tonja Fenton, who is incarcerated at Albion Correctional Facility and is representing herself, brought this action under 42 U.S.C. § 1983. She alleged that Anthony Annucci and the Department of Corrections & Community Supervision, Commissioner violated her rights at Albion. The opinion identifies Albion as being in Orleans County, New York.

Venue analysis

The court applied the federal venue statute, 28 U.S.C. § 1391(b). That statute generally permits a civil action to proceed in a district 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 venue was not proper in the Southern District of New York because Fenton did not allege that the defendant resided there or that a substantial part of the events or omissions giving rise to her claims occurred there. Because her claims arose in Orleans County, the court determined that venue was proper in the Western District of New York.

Disposition

The court transferred the action to the United States District Court for the Western District of New York under 28 U.S.C. § 1406(a), which permits transfer when venue is improper. The Clerk was directed to send Fenton a copy of the order and transfer the action. The order states that the transferee court would decide whether Fenton could proceed without prepaying fees. A summons would not issue from the Southern District of New York, and the order closed the case there.

Chief Judge Colleen McMahon also certified that an appeal would not be taken in good faith and denied fee-free status for the purpose of an appeal. The order did not decide the merits of Fenton’s civil-rights claims.