Jaime v. Wende Correctional Facility

Background

Luis Jaime, who is incarcerated at Wende Correctional Facility, filed this action without a lawyer under 42 U.S.C. § 1983, a federal civil-rights law. He sought damages and injunctive relief against Wende Correctional Facility, the New York State Department of Corrections and Community Supervision, and Nurse Practitioner Obertean, whom he alleged was assigned to Wende.

Venue and Transfer

The court discussed the federal venue rules in 28 U.S.C. § 1391. It stated that the New York State Department of Corrections and Community Supervision resides throughout New York State, including in the Southern District of New York. Wende is in Erie County, New York, within the Western District of New York. Jaime did not specify where Nurse Practitioner Obertean resides, so the court found it unclear whether venue was proper in the Southern District under the rule concerning where defendants reside.

The court determined that venue was proper in the Western District under § 1391(b)(2) because the events underlying Jaime’s claims occurred at Wende. Under 28 U.S.C. § 1404(a), a court may transfer an action to another district where it could have been brought when the transfer would be more convenient for the parties and witnesses and would serve the interests of justice. The court found transfer appropriate because the alleged events occurred at Wende, Jaime was incarcerated there, Obertean was alleged to be assigned there, and relevant documents and witnesses were reasonably expected to be located in the Western District.

Disposition

The court transferred the action to the United States District Court for the Western District of New York. It directed the clerk to transfer the case, stated that summonses would not issue from the Southern District, and closed the action in that court. The court left the decision about whether Jaime could proceed without prepaying fees to the transferee court. It also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. Judge Laura Taylor Swain did not decide the merits of Jaime’s civil-rights claims.