Vallen v. Miraglia et al

Filing 11

ORDER AND CIVIL JUDGMENT - ORDERED, ADJUDGED AND DECREED that the action is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B) as set forth herein and in the Court's December 30, 2010 Order. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. So Ordered by Judge Joanna Seybert on 7/12/11. C/M (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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BARRY VALLEN,
Plaintiff,
-against-

ORDER AND
CIVIL JUDGMENT
10-CV-4225 (JS)(ARL)

RICHARD MIRAGLIA, COMMISSIONER
OF MENTAL HEALTH (O.M.H.) and
THE CHIEF OF THE BUREAU OF
FORENSICS,
Defendant.
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APPEARANCES:
Plaintiff:

BARRY VALLEN, Pro Se
# 014-2991
Pilgrim Psychiatric Center Hospital
998 Crooked Hill Road
Building 81 - Ward 202
Brentwood, NY 11717

Defendant:

No Appearance.

SEYBERT, District Judge:
By Order dated December 30, 2010 (“December Order”), the
Court granted Plaintiff’s request to proceed in forma pauperis,
denied Plaintiff’s application for pro bono counsel and dismissed
Plaintiff’s Complaint filed pursuant to 42 U.S.C. § 1983 without
prejudice.

The Court granted Plaintiff leave “to amend his

Complaint to include specific factual allegations against the
individuals he claims violated his Constitutional rights.”

See

December Order at 14.
On April 6, 2011, Plaintiff filed an Amended Complaint.
The Amended Complaint deletes any reference to the New York State

Governor, but does not cure the deficiencies of the original
complaint.

To the extent that Plaintiff seeks to change the rules

regarding mentally ill individuals, leave to amend on this basis
was denied by the Court in the December Order.
at 13.

See December Order

Despite Plaintiff’s assertion that defendant “Richard

Miraglia directly run[s] and oversee[s] all psychiatric forensic
and civil hospitals in New York State,” Am. Compl. at 1, he fails
to show that Defendant Miraglia was responsible for depriving
Plaintiff of hot water at Pilgrim [State Psychiatric Center]” or
for any other allegedly unconstitutional conditions at Pilgrim
State Psychiatric Center.
In

Ashcroft

v.

Iqbal,

the

Supreme

Court

held

that

“[b]ecause vicarious liability is inapplicable to . . . § 1983
suits,

a

plaintiff

must

plead

that

each

Government-official

defendant, through the official’s own individual actions, has
violated the Constitution,” and rejected the argument that “a
supervisor’s mere knowledge of his subordinate’s discriminatory
purpose amounts to the supervisor’s violating the Constitution.”
129 S. Ct. 1937, 1948-49 (2009).

Plaintiff’s claims that staff at

Pilgrim State failed to provide hot water does not establish
defendant Miraglia’s personal involvement in the conditions of his
confinement as required under § 1983.

Farrell v. Burke, 449 F.3d

470, 484 (2d Cir. 2006) (quoting Wright v. Smith, 21 F.3d 496, 501
(2d Cir. 1994)).

2

Plaintiff’s remaining allegations concerning events that
occurred in Rochester, New York or in Orange County, see Am. Compl.
at 3-6, are not properly filed in this Court.

Pursuant to the

venue provision governing federal question jurisdiction, a civil
action must be filed in the judicial district where all defendants
reside or where a substantial part of the events or omissions
giving rise to the claim occurred or a judicial district in which
any defendant may be found.

See 28 U.S.C. § 1391(b).

The proper

venue for claims arising in Rochester, New York is the United
States District Court for the Western District of New York and for
claims arising in Orange County, proper venue lies in the United
States District Court for the Southern District of New York. Given
the failure of Plaintiff to name any proper defendants, the Court
finds that it is not in the interest of justice to transfer this
case to either of those districts.

28 U.S.C. § 1631.

The Court

offers no opinion as to the merits of any claims arising from his
confinement at Rochester Forensic Psychiatric Hospital or at MidHudson Forensic Psychiatric Center.
Accordingly, it is,
ORDERED,

ADJUDGED

AND

DECREED:

That

the

action

is

dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B) as set forth herein
and in the Court’s December 30, 2010 Order.

The Court certifies

pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be
taken in good faith and therefore in forma pauperis status is

3

denied for the purpose of an appeal.

Coppedge v. United States,

369 U.S. 438, 444-45 (1962).

SO ORDERED.

/s/ JOANNA SEYBERT
Joanna Seybert, U.S.D.J.
Dated:

July
12 , 2011
Central Islip, New York

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