In Re: Palmer

Filing 5

MEMORANDUM & ORDER [DISMISSING CASE]: As this Court cannot act on letters, and as it appears to have no jurisdiction over Mr. Palmer's claims, his claims are dismissed without prejudice to filing a complaint or other proceedings in the approp riate 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED by Chief Judge Carol Bagley Amon, on 2/13/2013. C/mailed. (Forwarded for Judgment.) (Latka-Mucha, Wieslawa)

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FLLED

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IN OLIAK'S OFFICE
U.S. Ols,.n!r:T ('OURT E.D.N.V.

FC'R 1 3 2013

UNITED STATES DISTRICT COURT .
EASTERN DISTRICT OF NEW YORK

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'JFFlce
NOT FOR PRINT OR
ELECTRONIC PUBLICAnON
MEMORANDUM & ORDER
12-CV-06435 (CBA)

IN RE WINSTON PALMER

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AMON, Chief United States District Judge.
On December 20, 2012, the Court received two letters from Winston Palmer, who is
currently incarcerated at Attica Correctional Facility. Mr. Palmer asked for the Court's
assistance in getting "Access to the Courts and also the Law Library." He also requested that
this Court intervene in a pending criminal issue in Florida state courts. The Clerk's Office sent
Mr. Palmer deficiency notices on December 20, 2012 and again on January 10, 2013 instructing
him that, in order to proceed, he must submit a complaint and pay the filing fee or return the
completed application to proceed in forma pauperis and a Prisoner Authorization Form within
fourteen (14) days from the date of the Court's letters. To date, Mr. Palmer has not submitted a
complaint or paid the filing fee or returned the completed application to proceed in forma
pauperis and a Prisoner Authorization Form.
Mr. Palmer previously filed similar letters with the Court, on December 9, 2011, January
5,2012, and March 23, 2012. By Order entered April 13,2012 in Docket Number l1-CV-06139
(CBA), the Court dismissed Mr. Palmer's prior claims. The instant action is dismissed for the
same reasons.
If Mr. Palmer believes that correctional officials are violating his right of access to the
courts or providing inadequate conditions of confinement or infringing any other constitutional
right, he may pursue these claims by filing a prisoner civil rights complaint and by either paying

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the filing fee or submitting a request to proceed in forma pauperis. A prisoner civil rights
complaint must be filed in the judicial district where a substantial part of the events giving rise to
the claim occurred or where any defendant resides. See 28 U.S.C. § 1391(b). Mr. Palmer is
incarcerated at Attica Correctional Facility and the conditions he complains of occurred in that
facility. Attica is located in Wyoming County, which itself is located within the venue of the
United States District Court for the Western District of New York. Accordingly, Mr. Palmer
may pursue any claims with respect to the conditions of his confinement in Attica in that district
court. To the extent that he seeks to resolve a warrant issued by a criminal court in Miami-Dade
County, he must take up the matter with that court directly.
As this Court cannot act on letters, and as it appears to have no jurisdiction over Mr.
Palmer's claims, his claims are dismissed without prejudice to filing a complaint or other
proceedings in the appropriate 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. See Coppedge v. United States,
369 U.S. 438, 444-45 (1962).
SO ORDERED.
Dated: Brooklyn, New York
February /3,2013

/S/ Chief Judge Carol B. Amon
Carol Bagley Amon '--'
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Chief United States District Judge

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