Crichlow v. New York State DOCCS

Background

Kevin Damion Crichlow, who is incarcerated at Eastern New York Correctional Facility, brought this action without a lawyer under 42 U.S.C. § 1983. He alleged that correctional staff at that facility violated his rights. The defendants are identified in the caption as New York State DOCCS, et al.

Venue

Venue is the federal district where a lawsuit may properly be filed. Under 28 U.S.C. § 1391, venue generally is proper where a defendant resides or where a substantial part of the events underlying the claims occurred. The court found that Crichlow did not allege that any defendant resided in the Southern District of New York or that a substantial part of the events occurred there.

The court stated that Eastern New York Correctional Facility is in Ulster County, New York, which is in the Northern District of New York. Because Crichlow's claims arose there, the court determined that venue was proper in the Northern District of New York under § 1391(b)(2).

Ruling

The court transferred the action to the United States District Court for the Northern District of New York under 28 U.S.C. § 1406(a), the statute allowing transfer when venue is improper. The Clerk was directed to transfer the action, and the court stated that the case was closed in the Southern District of New York. A summons was not to issue from that court.

The court left to the Northern District of New York the decision whether Crichlow could proceed without prepaying filing fees. The opinion notes that a prior related proceeding, No. 15-CV-6587 (W.D.N.Y.), listed enough filing-related strikes to trigger the prisoner filing bar in 28 U.S.C. § 1915(g), but also notes Crichlow's allegation that he faced imminent danger at Eastern New York Correctional Facility. The court therefore deferred that determination to the receiving court.

Judge Laura Taylor Swain certified that any appeal from the transfer order would not be taken in good faith and denied permission to appeal without prepaying fees.