Perser v. Cuomo et al

Filing 4

TRANSFER ORDER: For the reasons set forth in the attached Memorandum and Order, this action is transferred to the United States District Court for the Northern District of New York. The Clerk of Court is here by directed to transfer this case pursuant to the attached Order. The provision of Rule 83.1 of the Local Rules of the Eastern District of New York that requires a seven-day delay is waived. Summonses shall not issue from this Court.. Ordered by Judge Roslynn R. Mauskopf on 12/22/2014. (Mauskopf, Roslynn) [Transferred from New York Eastern on 12/23/2014.]

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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RONALD PERSER,
Plaintiff,

TRANSFER ORDER
14-CV-7363 (RRM)

- against ANDREW CUOMO, Governor of the State of
New York; ANTHONY J. ANNUCCI,
Commissioner, D.O.C.C.S.; BARRY
McARDLE, Superintendent; PAROLE
DIVISION OF ALBANY, NEW YORK; and
MR. J. HOBB, Parole Officer,
Defendants.
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ROSLYNN R. MAUSKOPF, United States District Judge.

On December 10, 2014, the Court received pro se plaintiff Ronald Perser’s (“Perser”)
civil rights action challenging his continued incarceration and seeking damages for the period of
time that he alleges to have been improperly detained. Because Perser is currently incarcerated
at Watertown Correctional Facility, which is located in Jefferson County, the filing is hereby
transferred to the United States District Court for the Northern District of New York. See 28
U.S.C. § 112(a) (stating that Jefferson County is located within the Northern District of New
York); 28 U.S.C. § 1404(a) (providing that, for convenience of parties and witnesses and in
interest of justice, district court may transfer case to any district in which it could have been
brought); Solar v. Annetts, 707 F. Supp. 2d 437, 442–43 (S.D.N.Y. 2010).
A decision as to Perser’s application to proceed without the prepayment of fees (Doc. No.
2) is reserved for the transferee court. This Court offers no opinion on the merits of Perser’s
claims. The provision of Rule 83.1 of the Local Rules of the Eastern District of New York that
requires a seven-day delay is waived. Summonses shall not issue from this Court.

SO ORDERED.

Roslynn R. Mauskopf
Dated: Brooklyn, New York
December 22, 2014

____________________________________
ROSLYNN R. MAUSKOPF
United States District Judge