Chirse v. Upstate Corr. Fac.

Background

Devante Chirse, an incarcerated plaintiff proceeding without a lawyer, brought an action under 42 U.S.C. § 1983, a federal law allowing claims against state actors for violating federal constitutional rights. He alleged that the defendants violated his rights at Southport Correctional Facility in Pine City, New York. He named Upstate Correctional Facility as a defendant but did not allege facts showing that his rights were violated there.

Venue Analysis

The court applied 28 U.S.C. § 1391, which identifies the federal districts where a civil action may be filed. The court explained that venue generally is proper where a defendant resides or where a substantial part of the events giving rise to the claim occurred.

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 at Southport, and Southport is in Chemung County in the Western District of New York, the court concluded that venue was proper in that district.

Ruling

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 the order to Chirse and record service. The Southern District court stated that the transferee court would decide whether Chirse could proceed without prepaying fees. No summons would issue from the Southern District, and the order closed the case there.

The court also certified that an appeal would not be taken in good faith and denied Chirse permission to appeal without prepaying fees. The order did not decide whether Chirse’s constitutional-rights claims had merit.