Tomlin v. Bare Hill Correctional Facility

Filing 4

TRANSFER ORDER: For the reasons set forth in the attached written Order, the Clerk of Court is directed to transfer this action to the United States District Court for the Northern District of New York, mail a copy of this Transfer Order to the pro se plaintiff, and close the file in this Court. Ordered by Judge Roslynn R. Mauskopf on 11/22/2013. (Mauskopf, Roslynn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
---------------------------------------------------------X
KARIEM TOMLIN,
Plaintiff,

TRANSFER ORDER
13-CV-6223 (RRM) (JO)

-againstBARE HILL CORRECTIONAL FACILITY,
Defendant.
---------------------------------------------------------X
ROSLYNN R. MAUSKOPF, United States District Judge:
On October 31, 2013, pro se plaintiff Kariem Tomlin, currently incarcerated at
Gouverneur Correctional Facility in Gouverneur, New York, commenced this action against
defendants pursuant to 42 U.S.C. § 1983.
Pursuant to the provision governing venue of civil actions in district court, an action
should be filed in the judicial district where any defendants resides or where a substantial part of
the events or omissions giving rise to the claim occurred. See 28 U.S.C. § 1391(b). Here,
plaintiff alleges he was injured while incarcerated at Bare Hill Correctional Facility, which is
located in Franklin County in the Northern District of New York. Because the defendant does
not reside in the Eastern District of New York and none of the events alleged occurred within
this district, the Court concludes that the Eastern District of New York is not the proper venue
for this action.
Accordingly, this case is hereby transferred to the United States District Court for the
Northern District of New York. See 28 U.S.C. §1404(a) (district court may transfer case filed in
the wrong district to any district in which it could have been brought). A ruling on plaintiff’s
application to proceed in forma pauperis and request to enforce the Prison Litigation Reform Act
is reserved for the transferee court. That provision of Rule 83.1 of the Local Rules of the Eastern

1

District of New York which requires a seven-day delay is waived. No summons shall issue
from this Court.
CONCLUSION
The Clerk of Court is directed to transfer this action to the United States District Court
for the Northern District of New York, mail a copy of this Transfer Order to the pro se plaintiff,
and close the file in this Court.
SO ORDERED.

Roslynn R. Mauskopf

Dated: Brooklyn, New York
November 22, 2013

__________________________________
ROSLYNN R. MAUSKOPF
United States District Judge

2