Gary Martin v. C.O. Taylor – Upstate Box et al.

Summary

The United States District Court for the Western District of New York transfers Gary Martin’s 42 U.S.C. § 1983 action to the Northern District of New York under 28 U.S.C. § 1406(a) because the primary events occurred at Upstate Correctional Facility in Malone, New York, and venue was not proper in the Western District. The court makes no ruling on the sufficiency or merits of the complaint or Martin’s motion to proceed in forma pauperis.

Holdings

1. Venue was improper in the Western District of New York because the material events underlying Martin's claims occurred in Malone, New York, within the Northern District of New York, and Martin did not allege that any defendant resided in the Western District.
2. The action should be transferred, rather than dismissed, to the Northern District of New York because venue was improper in the Western District and transfer was in the interest of justice.

Questions Presented

1. Whether venue was proper in the Western District of New York under 28 U.S.C. § 1391.
2. Whether the action should be transferred in the interest of justice to the Northern District of New York under 28 U.S.C. § 1406(a).

Disposition

other