# Brown v. Donahue

> District Court, S.D. New York · November 28, 2022

URL: https://www.frixlaw.com/law-library/cases/10346383

## Case

- **Court:** District Court, S.D. New York
- **Decided:** November 28, 2022
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SAMMY L. BROWN,
Plaintiff,
22-CV-9894 (LTS)
-against-
TRANSFER ORDER
J. DONAHUE; TAMMY HICKEY; MS.
O’DELL,
Defendants.
LAURA TAYLOR SWAIN, Chief United States District Judge:
Plaintiff, who is currently incarcerated at Elmira Correctional Facility (“Elmira”), brings
this pro se action under 42 U.S.C. § 1983, alleging that correctional staff at Elmira violated his
rights. Named as Defendants are correctional staff employed at Elmira, a correctional facility
located in Elmira, Chemung County, New York. For the following reasons, the Court transfers
this action under 28 U.S.C. § 1406 to the United States District Court for the Western District of
New York.
DISCUSSION
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 Section 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 correctional staff at Elmira denied him access to review his file,
which in turn, resulted in his being denied access to the courts. He does not plead the residence
of any of the Defendants, only asserting that the alleged events giving rise to his claims occurred
at Elmira. Because Defendants are employed at Elmira and the alleged events occurred in

Chemung County, from the face of the complaint, it is clear that venue is not proper in this Court
under Section 1391(b)(1), (2).
Under 28 U.S.C. § 1406, if a plaintiff files a case in the wrong venue, the Court “shall
dismiss, or if it be in the interest of justice, transfer such case to any district or division in which
it could have been brought.” 28 U.S.C. § 1406(a). Plaintiff’s claims arose in Chemung County,
which is in the Western District of New York. See 28 U.S.C. § 112. Accordingly, venue lies in the
Western District of New York, 28 U.S.C. § 1391(b)(2), and in the interest of justice, the Court
transfers this action to the United States District Court for the Western 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 Western 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.
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).
This order closes this case.

SO ORDERED.
Dated: November 28, 2022
New York, New York

/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10346383. Public record. Not legal advice.