Vogelfang v. Fitzgerald et al

Filing 6

ORDER, Case transferred to District of Southern District of New York. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE.. SO ORDERED that this case is hereby transferred to the United States District Court for the Southern District of New York pursuant to 28 U.S.C. § 1404(a). The Clerk of Court is directed to serve a copy of this order upon the pro se plaintiff. CM to pro se plaintiff on 12/23/2011. Ordered by Judge Sandra J. Feuerstein on 12/23/2011. (Florio, Lisa)

FILED
Olaii<'S CIMCI
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U.S. DIS'I'RICT 000111', E.OH.V,
IN

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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* DEC 2) 20U *

ANNETTE VOGELFANG,

Plaintiff,
ORDER
11-CV-6234 (SJF)(AKT)

-againstCAPTAIN FITZGERALD, LT. VALLO,
DR. GOLDSTEIN, SGT. RORICK, C.O. JUDD,
C.O. JENKINS, C.O. BOUCHREAU,
C.O. GUZMAN, C.O. CENTUR, C.O. NEIL,
NURSE HERON, in their individual and official
capacities,
Defendants.

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FEUERSTEIN, J.
On December 16, 2011, pro se plaintiff Annette Vogelfang ("plaintiff') commenced this
action pursuant to 42 U.S.C. § 1983. Plaintiff alleges, inter alia, that the defendant correction
officers "slammed [her] face into [a] brick wall repeatedly," causing her to become
"unrecognizable on the entire right side of [her] face" and that the defendant medical
professionals were deliberately indifferent to her medical needs. Complaint at 3-4.
The events underlying plaintiffs claims occurred at the Bedford Hills Correctional
Facility, which is located in Westchester County, in the Southern District ofNew York. See 28
U.S.C. § 112(b) (Westchester County located within the Southern District ofNew York). Venue
is therefore proper in the Southern District of New York.
"For the convenience of parties and witnesses, in the interest of justice, a district court
may transfer any civil action to any other district or division where it might have been brought."

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.
28 U.S.C. § 1404(a). As the events underlying the complaint appear to have occurred at Bedford
Hills Correctional Facility, a transfer to the Southern District of New York would promote
convenience for the parties and witnesses, and would be in the interest of justice. The Court
notes that other actions against correction officers at the Bedford Hills facility have been litigated
in the Southern District of New York. See. e.g., Eldridge v. New York, No. 10 Civ. 423, 2011
WL 1532046 (S.D.N.Y. Feb. 1, 2011); Wylie v. Bedford Hills Correctional Facility ofNew
York, No. 07 Civ. 6045, 2008 WL 2009287 (S.D. N.Y. May 8, 2008).
For the foregoing reasons, this case is hereby transferred to the United States District
Court for the Southern District of New York pursuant to 28 U.S.C. § 1404(a). The Clerk of
Court is directed to serve a copy of this order upon the pro se plaintiff.

SO ORDERED.

Sandra J. Feuerstem
United States District Judge
Dated:

December 23, 2011
Central Islip, New York

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