Gibbs v. Rockland County Correctional Center

Filing 4

TRANSFER ORDER - For the reasons set forth below, the Court TRANSFERS this action to the United States District Court for the Southern District of New York. The Clerk of the Court is directed to (1) transfer this case to the Southern 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. So Ordered by Judge Joanna Seybert on 3/21/2017. C/M (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
-----------------------------------X
REGGIE GIBBS,
Plaintiff,

TRANSFER ORDER
17-CV-1468(JS)(ARL)

-againstROCKLAND COUNTY CORRECTIONAL CENTER,
Defendant.
-----------------------------------X
APPEARANCES
For Plaintiff:
Reggie Gibbs, pro se
08216072P
Vernon C. Bain Center
1 Halleck Street
Bronx, NY 10474
For Defendant:

No appearance.

SEYBERT, District Judge:
On March 9, 2017, incarcerated pro se plaintiff Reggie
Gibbs (“Plaintiff”) filed a Complaint in this Court against the
Rockland

County

Correctional

Center

(“Defendant”)

seeking

to

challenge the conditions of his incarceration pursuant to 42 U.S.C.
§ 1983. Although Plaintiff has not paid the Court’s filing fee nor
has he filed an application to proceed in forma pauperis, the Court
has reviewed Plaintiff’s submission and, for the reasons set forth
below, TRANSFERS this action to the United States District Court
for the Southern District of New York.
The
incident

claims

alleged

to

alleged
have

in

the

occurred

Complaint
at

the

arise
Rockland

Correctional Facility located in New City, New York.

from

an

County

New City is

located within Rockland County, which is in the Southern District

of New York.

See 28 U.S.C. § 112(b).

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 Rockland County Correctional
Center, which is within the Southern District of New York.
U.S.C. § 112(b).

See 28

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,
without offering any opinion on the merits of Plaintiff’s claims,
this action is TRANSFERRED to the United States District Court for
the Southern District of New York.

28 U.S.C. §§ 1391(b), 1404(a).

The Clerk of the Court is directed to: (1) transfer this case to
the Southern 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
1

Additionally, there is no connection whatsoever to the Eastern
District of New York given that Plaintiff is presently located at
the Vernon C. Bain Center (“VCBC”) located in the Bronx, New
York. Thus, VCBC is located within the Southern District of New
York. See 28 U.S.C. § 112(b).
2

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: March
21
, 2017
Central Islip, New York

3