Chirse v. Cvillia
6:20-cv-07131
| W.D.N.Y. | Dec 22, 2020Background
- Pro se plaintiff Devante Chirse, incarcerated at Southport Correctional Facility in Pine City, Chemung County, New York, sued under 42 U.S.C. § 1983 alleging rights violations at Southport.
- Case was filed in the Southern District of New York (No. 20-CV-10751 (CM)).
- Venue analysis focused on 28 U.S.C. § 1391: venue is proper where a substantial part of the events giving rise to the claim occurred.
- The alleged events occurred in Chemung County, which lies within the Western District of New York.
- The Court concluded venue was improper in SDNY and ordered the action transferred to the U.S. District Court for the Western District of New York under 28 U.S.C. § 1406(a).
- The Clerk was directed to transfer the case and mail the order to Plaintiff; the Court declined to issue a summons and certified that any appeal would not be taken in good faith, denying in forma pauperis status for appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper venue | Chirse filed in SDNY asserting § 1983 claims arising at Southport | No defendant-specific venue defense asserted; court applied venue statute | Venue improper in SDNY; events occurred in Western District, so transfer appropriate |
| Transfer vs. dismissal | Plaintiff sought to proceed in SDNY | No opposing argument; court evaluated transfer under § 1406(a) | Action transferred to Western District of New York under § 1406(a) |
| In forma pauperis appeal certification | Not contended in record | No opposing argument | Court certified appeal would not be taken in good faith and denied IFP for appeal |
Key Cases Cited
- Coppedge v. United States, 369 U.S. 438 (1962) (standard for determining whether an appeal may be taken in forma pauperis and whether an appeal is taken in good faith)