Bonet v. New York State Department of Corrections and Community Supervision
- Laura Swain
- 1:22-cv-03023
- U.S. District Court · Southern District of New York
- 2
In Bonet v. New York State Department of Corrections and Community Supervision, Chief Judge Swain transferred the case to the Western District of New York for improper venue.
Michelle Nicole Bonet and the New York State Department of Corrections and Community Supervision; the case was moved from the Southern District of New York to the Western District of New York.
What happened
In Bonet v. New York State Department of Corrections and Community Supervision, Michelle Nicole Bonet, who is representing herself, brought due process and state-law claims based on events at Albion Correctional Facility. The court treated the constitutional claims as claims under a federal civil-rights statute, 42 U.S.C. § 1983.
The court said the Southern District of New York was not the proper location for the case because Bonet did not allege that a defendant lived there or that a substantial part of the events occurred there. The claims arose at Albion in Orleans County, which is in the Western District of New York.
Chief Judge Laura Taylor Swain ordered the Clerk to transfer the case to the Western District of New York. The court closed the case, did not issue a summons, and left the question of proceeding without prepaying filing fees to the receiving court. It also ruled that an appeal would not be taken in good faith and denied fee-free status for an appeal.
The detailed version
- Bonet v. New York State Department of Corrections and Community Supervision · No. 1:22-cv-03023
- Laura Swain
- Apr. 13, 2022
Background
Michelle Nicole Bonet, who was incarcerated at Taconic Correctional Facility and represented herself, filed an action against the New York State Department of Corrections and Community Supervision. She asserted due process and state-law claims arising from events at Albion Correctional Facility. The opinion states that the court construed her constitutional allegations as claims under 42 U.S.C. § 1983, a federal statute allowing certain civil-rights claims against persons acting under state law.
Venue Analysis
The court applied 28 U.S.C. § 1391(b), the federal venue statute. It explained that a civil action may generally be filed where a defendant resides, where a substantial part of the events occurred, or, in some circumstances, where a defendant is subject to the court’s personal jurisdiction. The court found that Bonet did not allege that any defendant resided in the Southern District of New York or that a substantial part of the events occurred there. Because her claims arose at Albion in Orleans County, New York, the court concluded that venue was proper in the Western District of New York.
Disposition
Under 28 U.S.C. § 1406(a), the court transferred the action to the United States District Court for the Western District of New York. The Clerk was directed to make the transfer. The court stated that the receiving court would decide whether Bonet could proceed without prepaying fees. The Southern District court ordered that no summons issue and closed the case. It also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The order transferred the case based on venue and did not decide the underlying due process or state-law claims. The order was signed by Chief United States District Judge Laura Taylor Swain.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.