Opinion
21-CV-9293 (LTS)
11-10-2021
JONATHAN JONES, Plaintiff, v. CORRECTION OFFICER JOHN DOE, Defendant.
TRANSFER ORDER
LAURA TAYLOR SWAIN, CHIEF UNITED STATES DISTRICT JUDGE.
Plaintiff, who is currently incarcerated in Great Meadow Correctional Facility, brings this pro se action under 42 U.S.C. § 1983, alleging that Defendant violated his rights when Plaintiff was incarcerated in Auburn Correctional Facility (Auburn). For the following reasons, this action is transferred to the United States District Court for the Northern District of New York.
Under 28 U.S.C. § 1391(b), a civil action may be brought in:
(1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located; (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or (3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action.
Under § 1391(c), a “natural person” resides in the district where the person is domiciled, and an “entity with the capacity to sue and be sued” resides in any judicial district where it is subject to personal jurisdiction with respect to the civil action in question. See 28 U.S.C. § 1391(c)(1), (2).
Plaintiff alleges that Defendant, a correction officer at Auburn, failed to protect Plaintiff from another inmate when Plaintiff was incarcerated in Auburn. Because Plaintiff alleges that Defendant resides outside this district and that a substantial part of the events or omissions giving rise to his claim arose outside this district, venue is not proper in this Court under Section 1391(b)(1), (2). Plaintiff's claims arose in Cayuga County, New York, which is in the Northern District of New York. See 28 U.S.C. § 112(a). Accordingly, venue lies in the Northern District of New York, 28 U.S.C. § 1391(b)(2), and this action is transferred to the United States District Court for the Northern District of New York, 28 U.S.C. § 1406(a).
CONCLUSION
The Clerk of Court is directed to transfer this action to the United States District Court for the Northern District of New York. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. A summons shall not issue from this Court. This order closes this case.
The Court certifies, pursuant to 28 U.S.C § 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket.
SO ORDERED.