Rodriguez v. Padgett et al
Filing
11
TRANSFER ORDER; For the reasons set forth herein, this action is TRANSFERRED to the United States District Court for the Northern District of New York. The determination of Plaintiffs application to proceed in forma pauperis is reserved for the North ern District of New York. The Clerk of the Court is directed to: (1) transfer this case to the Northern District of New York forthwith; (2) mail a copy of this Order to the pro se Plaintiff; and (3) mark this case CLOSED. 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 and therefore in forma pauperis status is DENIED for the purpose of any appeal. (Ordered by Judge Joanna Seybert on 10/26/2016.) c/m c/ecf (Fagan, Linda)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
-----------------------------------X
JOSE RODRIGUEZ,
Plaintiff,
-against-
TRANSFER ORDER
16-CV-4485(JS)(GRB)
D. PADGETT; MAGINO; SGT. P. BARG;
K. COLAO, Deputy Superintendent
for Program; WILLIAM A. LEE,
Superintendent;
Defendants.
-----------------------------------X
APPEARANCES
For Plaintiff:
Jose Rodriguez, pro se
15-A-0664
Sullivan Correctional Facility
325 Riverside Drive
P.O. Box 116
Fallsburg, New York 12733-0116
For Defendants:
No appearances.
SEYBERT, District Judge:
On August 1, 2016, incarcerated pro se plaintiff Jose
Rodriguez (“Plaintiff”) filed an unsigned Complaint in this Court
pursuant to 42 U.S.C. § 1983 (“Section 1983”) against D. Padgett;
Magino; Sgt. P. Barg; K. Colao, Deputy Superintendent for Program;
and
William
A.
Lee,
Superintendent
(“Lee”
and
collectively,
“Defendants”), accompanied by an unsigned application to proceed in
forma pauperis.
By Notice of Deficiency (“Notice”) dated August
10, 2016, Plaintiff was instructed to sign and return the enclosed
copy of his Complaint within fourteen (14) days from the date of
the Notice.
On August 22, 2016, Plaintiff timely filed a signed
Complaint and in forma pauperis motion.
For the reasons set forth
below, this action is TRANSFERRED to the United States District
Court for the Northern District of New York.
The
claims
alleged
in
the
Complaint
arise
from
an
incident alleged to have occurred at the Eastern NY Correctional
Facility located in Napanoch, New York and all of the Defendants
are allegedly employed there.
Napanoch is located within Ulster
County, which is in the Northern District of New York.
U.S.C. § 112(a).
See 28
Under 28 U.S.C. § 1391, venue is proper “in a
judicial district in which a substantial part of the events or
omissions giving rise to the claim occurred, or a substantial part
of property that is the subject of the action is situated.”
28
U.S.C. § 1391(b)(2).
Here, the events giving rise to Plaintiff’s claims are
all alleged to have occurred at the Eastern NY Correctional
Facility, which is within the Northern District of New York.
28 U.S.C. § 112(a).
See
Thus, since all of the events and omissions
giving rise to Plaintiff’s claims occurred in that district, venue
for this action lies there.1
Accordingly, in the interests of
justice and for the convenience of the parties and witnesses, and
without offering any opinion on the merits of Plaintiff’s claims,
1
Additionally, there is no connection whatsoever to the Eastern
District of New York given that Plaintiff is presently located at
the Sullivan Correctional Facility in Fallsburg, New York.
Sullivan Correctional Facility is located in Sullivan County,
which is in the Southern District of New York. See 28 U.S.C.
§ 112(b).
2
this action is TRANSFERRED to the United States District Court for
the Northern District of New York.
28 U.S.C. §§ 1391(b), 1404(a).
The determination of Plaintiff’s application to proceed in forma
pauperis is reserved for the Northern District of New York.
The
Clerk of the Court is directed to: (1) transfer this case to the
Northern District of New York forthwith; (2) mail a copy of this
Order to the pro se Plaintiff;
and (3) mark this case CLOSED.
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
and therefore in forma pauperis status is DENIED for the purpose of
any appeal.
See Coppedge v. United States, 369 U.S. 438, 444-45,
82 S. Ct. 917, 8 L. Ed. 2d 21 (1962).
SO ORDERED.
/s/ JOANNA SEYBERT
Joanna Seybert, U.S.D.J.
Dated: October
26 , 2016
Central Islip, New York
3
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