The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MESSIAH D. BROWN,
Plaintiff,
25-CV-3429 (LTS)
-against-
TRANSFER ORDER
NEW YORK STATE, et al.,
Defendants.
LAURA TAYLOR SWAIN, Chief United States District Judge:
Plaintiff, who is currently incarcerated at Orleans Correctional Facility, brings this action
pro se. Plaintiff asserts claims, under 42 U.S.C. § 1983, that arose at Collins Correctional
Facility, in Erie County, New York. For the following reasons, this action is transferred to the
United States District Court for the Western District of New York.
DISCUSSION
Under the general venue statute, 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 (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.
28 U.S.C. § 1391(b).
For venue purposes, 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).
Venue of Plaintiff’s Section 1983 claims does not appear to be proper in this district
under Section 1391(b)(1) based on the residence of defendants. Plaintiff provides addresses for
all defendants at their places of employment at Collins Correctional Facility, and it is therefore
unclear if any defendant resides in this district.
Venue of Plaintiff’s Section 1983 claims also does not appear to be proper in this district
under Section 1391(b)(2), based on the place where the events giving rise to the claims occurred.
Plaintiff alleges that Defendants violated his rights Collins Correctional Facility, which is in Erie
County, within the Western District of New York. See 28 U.S.C. § 112 (d). Because the events
giving rise to Plaintiff’s claims occurred at Collins Correctional Facility, venue is proper under
Section 1391(b)(2) in the Western District of New York.
Even if venue is proper in the district where a case is filed, a court may transfer the case
“[f]or the convenience of parties and witnesses, in the interest of justice” to any other district
where it might have been brought. 28 U.S.C. § 1404(a). In determining whether transfer is
appropriate, courts consider the following factors: (1) the convenience of witnesses; (2) the
convenience of the parties; (3) the locus of operative facts; (4) the availability of process to
compel the attendance of the unwilling witnesses; (5) the location of relevant documents and the
relative ease of access to sources of proof; (6) the relative means of the parties; (7) the forum’s
familiarity with the governing law; (8) the weight accorded to the plaintiff’s choice of forum;
(9) trial efficiency; and (10) the interest of justice, based on the totality of circumstances. Keitt v.
N.Y. City, 882 F. Supp. 2d 412, 459-60 (S.D.N.Y. 2011); see also N.Y. Marine and Gen. Ins. Co.
v. LaFarge No. Am., Inc., 599 F.3d 102, 112 (2d Cir. 2010) (setting forth similar factors). A
plaintiff’s choice of forum is accorded less deference where the plaintiff does not reside in the
chosen forum and the operative events did not occur there. See Iragorri v. United Tech. Corp.,
274 F.3d 65, 72 (2d Cir. 2001).
Under Section 1404(a), transfer appears to be appropriate in this case. The underlying
events occurred at Collins Correctional Facility, in Erie County, and it is reasonable to expect
that all relevant witnesses also would be in that district. The Western District of New York
appears to be a more convenient forum for this action. Accordingly, the Court transfers this
action to the United States District Court for the Western District of New York. 28 U.S.C.
§ 1404(a); see D.H. Blair & Co. v. Gottdiener, 462 F.3d 95, 106 (2d Cir. 2006) (“District courts
have broad discretion in making determinations of convenience under Section 1404(a) and
notions of convenience and fairness are considered on a case-by-case basis.”).
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. This order closes the case in the Southern District of New York.
The Court certifies, under 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).
SO ORDERED.
Dated: May 5, 2025
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge