Carzoglio v. Annucci

Background

Angelo A. Carzoglio, who is incarcerated at Attica Correctional Facility, brought this action without a lawyer under 42 U.S.C. § 1983, a federal law allowing claims against state actors for violations of constitutional rights. He alleges that the defendants impeded his access to the Attica law library. The defendants include corrections officials and a corrections officer at Attica, the New York State Department of Corrections and Community Supervision, and Acting Commissioner Anthony J. Annucci.

Venue Analysis

The court considered the federal venue rules, which identify the proper district for a civil case. Carzoglio did not allege where the defendants reside, but he alleged that the events underlying his claims occurred at Attica. The court concluded that venue was not proper in the Southern District of New York. The claims arose at Attica, which is in Wyoming County and therefore in the Western District of New York. The opinion also notes that the Department’s headquarters and Commissioner Annucci are in Albany County, in the Northern District of New York.

Ruling

Under 28 U.S.C. § 1406(a), a court may transfer a case filed in the wrong venue when transfer serves the interests of justice. The court directed the Clerk to transfer this action to the United States District Court for the Western District of New York. The order closes the action in the Southern District of New York; summonses will not issue from that court; and the transferee court must decide whether Carzoglio may proceed without prepaying filing fees. The court also certified that an appeal would not be taken in good faith and denied fee-free status for an appeal from the order.