Adams v. Bush et al

Filing 6

ORDER TRANSFERRING ACTION TO THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK - For the reasons set forth in the ATTACHED WRITTEN TRANSFER ORDER, this case is hereby transferred to the United States District Court for the Southern Distr ict of New York. See 28 U.S.C. §1404(a) A ruling on Plaintiffs application to proceed in forma pauperis is reserved for the Transferee Court. That provision of Rule 83.1 of the Local Rules of the Eastern District of New York which requi res a seven-day delay is waived. No summons shall issue from this Court. The letter issued on February 4, 2014 (Docket Entry No. 3) directing the head of the facility in which plaintiff is being held to collect the filing fee of $350 pursuant 28 U.S.C. § 1915 is hereby vacated as the determination on fee collection is reserved for the Transferee Court. The Clerk of the Court is directed to mail a copy of this Electronic Order and the Attached Written Transfer Order to pro se plaintiff. SO ORDERED by Judge Dora Lizette Irizarry on 2/25/2014. (Irizarry, Dora)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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SANDERS LAMAR C.B. ADAMS, pro se,
:
:
Plaintiff,
:
:
-against:
:
GEORGE W. BUSH, USA, STATE OF NEW :
YORK, ATTORNEY GENERAL, MAYOR OF :
NEW YORK,
:
:
Defendants.
:
:
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DORA L. IRIZARRY, U.S. District Judge:

TRANSFER ORDER
14-CV-769 (DLI)(LB)

On January 30, 2014, pro se plaintiff Sanders Lamar C.B. Adams (“Adams”) commenced
this action, alleging that various private hospitals, New York City and State agencies, and
government officials conspired to involuntarily commit and treat him. Adams is currently
housed at Kirby Forensic Psychiatric Center (“Kirby”), a maximum security hospital of the New
York State Office of Mental Health (“OMH”), located in New York County, New York.
Pursuant to the venue provision governing civil actions, this action should be filed in the judicial
district where any defendant resides or where a substantial part of the events or omissions giving
rise to the claims occurred. See 28 U.S.C. § 1391(b).
Here, none of the defendants reside in the Eastern District of New York, and, based on a
review of plaintiff’s complaint, a substantial part of the events or omissions giving rise to the
claim occurred in New York County. Accordingly, this case is hereby transferred to the United
States District Court for the Southern District of New York. See 28 U.S.C. §1404(a) (“[A]
district court may transfer any civil action to any other district or division where it might have
been brought . . . .”). A ruling on Plaintiff’s application to proceed in forma pauperis is reserved
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for the Transferee Court. That provision of Rule 83.1 of the Local Rules of the Eastern District
of New York which requires a seven-day delay is waived. No summons shall issue from this
Court. The letter issued on February 4, 2014 (Docket Entry No. 3) directing the head of the
facility in which plaintiff is being held to collect the filing fee of $350 pursuant 28 U.S.C. § 1915
is hereby vacated as the determination on fee collection is reserved for the Transferee Court.

SO ORDERED.
Dated: Brooklyn, New York
February 25, 2014
_______________/s/_____________
DORA L. IRIZARRY
United States District Judge

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