Zielinski v. Annucci

Background

Jeremy Zielinski, who was incarcerated at Great Meadow Correctional Facility and represented himself, brought a proposed class action under 42 U.S.C. § 1983. He alleged that Anthony Annucci, JPay, LLC, Julie Wolcott, and D. Leonard violated his rights while he was incarcerated at Attica Correctional Facility.

Venue analysis

Venue means the federal court location where a case may properly be heard. The court explained that federal law generally permits a civil case to proceed 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 authority. Zielinski alleged that JPay was headquartered in Florida but did not provide the residences of the other defendants. The complaint indicated that two correctional-staff defendants worked at Attica and that the alleged events occurred in Wyoming County, New York.

The court concluded that the complaint did not show that venue was proper in the Southern District of New York. Wyoming County is in the Western District of New York, and the court determined that the claims could be brought there.

Ruling

Under 28 U.S.C. § 1406(a), a court may transfer a case filed in the wrong venue when transfer is in the interest of justice. Judge Laura Taylor Swain directed the Clerk of Court to transfer the action to the United States District Court for the Western District of New York. The order did not decide whether Zielinski’s claims were legally valid.

The court stated that the transferee court would decide whether Zielinski could proceed without prepaying filing fees. No summons would issue from the Southern District of New York. The court also certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order closed the case in the Southern District of New York.