Victoria v. DOCCS/PASSAGE

Background

Alfredo Victoria filed this action without a lawyer under 42 U.S.C. § 1983, a federal law allowing claims against state actors for violations of federal rights. He alleged that he was subjected to excessive force and other unconstitutional conditions of confinement at nine New York State correctional facilities between 2000 and 2022: Mid-State, Gouverneur, Auburn, Comstock, Clinton, Bare Hill, Franklin, Southport, and Attica. The caption named “DOCCS/PASSAGE,” but the opinion states that the only named defendant was the New York State Department of Corrections and Community Supervision and that it was unclear what “Passage” referred to.

Victoria did not name individual defendants or state where any defendant resided. He alleged only that the events occurred at the listed facilities. Seven facilities were in counties within the Northern District of New York, while Attica and Southport were in the Western District of New York. The Department of Corrections and Community Supervision was headquartered in Albany County, which is also in the Northern District.

Transfer ruling

The court applied 28 U.S.C. § 1404(a), which permits transfer to another federal district for the convenience of the parties and witnesses and in the interest of justice. The court concluded that transfer was appropriate because the alleged events occurred in counties within the Northern District and it was reasonable to expect that relevant documents and witnesses would also be there.

Disposition

The court transferred the action to the United States District Court for the Northern District of New York. The Clerk was directed to transfer the action, summonses were not to issue from the Southern District, and the order closed the action in that court. The transferee court was left to decide whether Victoria could proceed without prepaying fees. The court also certified that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.