Picone v. United States Marshal Service, et al.

Filing 5

MEMORANDUM ORDER. It is hereby ORDERED that this prisoner lawsuit be transferred forthwith to the United States District Court for the Northern District of Ohio. It is hereby ORDERED that 3 Report and Recommendation is ADOPTED as the Opinion of the Court. It is further ORDERED that 1 Motion to Proceed in forma pauperis and 4 Motion for appointment of counsel be deferred to the transferee court. It is further ORDERED that the Clerk of Court mark this case CLOSED. Signed by Judge Mark R. Hornak on 9/30/15. (bdb) Modified on 10/1/2015 to add additional docket text. (ksa) [Transferred from pawd on 10/1/2015.]

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

ADAM PICONE,

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2: 15-cv-01057

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Plaintiff,

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v.

Judge Mark R. Hornak

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)

NORTHEAST OHIO CORRECTIONAL
CENTER and U.S. MARSHAL
SERVICE,
Defendants.

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)
)
)
)

MEMORANDUM ORDER

On August 12, 2015, the above captioned case was initiated by the filing of a Motion for
Leave to Proceed in forma pauperis (ECF No. 1), with attached prisoner civil rights complaint,
and was referred to United States Magistrate Judge Cynthia Reed Eddy for pretrial proceedings
in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and the Local Rules of
Court for Magistrate Judges.
According to the Complaint, Plaintiff is a pre-trial detainee in the custody of the U.S.
Marshal Service and incarcerated at Northeast Ohio Correctional Center ("NEOCC") in
Youngstown, Ohio. The Complaint, liberally construed, includes claims of inadequate medical
care in violation of the Eighth and Fourteenth Amendments to the United States Constitution, as
well as a medical malpractice claim under state law. It appears that all of the claims stem from
Plaintiffs medical treatment, or alleged lack thereof, while he has been incarcerated at NEOCC.
The Magistrate Judge filed a Report and Recommendation (ECF No. 3) recommending that the
case be transferred to the United States District Court for the Northern District of Ohio because

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NEOCC is located within the territorial limits of the United States District Court for the Northern
District of Ohio.
The Report and Recommendation was mailed to Plaintiff at his listed address of record.
Plaintiff was advised that he had until September 18, 2015, to file written objections to the
Report and Recommendation. To date, no objections have been filed and Plaintiff has not sought
an extension of time in which to file any objections. There is no indication that Plaintiff failed to
receive the report and recommendation. 1
The Court has reviewed the matter de novo, and concludes that the Report and
Recommendation correctly concludes that venue in this District does not lie and that this action
should be transferred to the Northern District of Ohio.

After such de novo review of the

pleadings and documents in the case, together with the Report and Recommendation, the
following Order is entered:

~

AND NOW, this

~fSeptember, 2015:

IT IS HEREBY ORDERED that this pnsoner lawsuit filed under Bivens v. Six

Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), be
TRANSFERRED forthwith to the United States District Court for the Northern District of

Ohio.

On August 25, 2015, Plaintiffs counsel in his criminal case, filed at 14-cr-00058, filed a
motion indicating that Plaintiff was currently detained at SCI Pittsburgh, 3001 Beaver Avenue,
Pittsburgh, PA 15233, serving a state sentence. However, on September 9, 2015, Plaintiff filed,
in this case, a motion to appoint counsel. The envelope containing that motion is postmarked
"Cleveland, Ohio" and the return address indicates Plaintiff is incarcerated at NEOCC in
Youngstown, Ohio. Furthermore, on this date, the Court has confirmed with the U.S. Marshal's
office in Pittsburgh, PA, that Plaintiffremains incarcerated at NEOCC.

IT IS FURTHER ORDERED that the Report and Recommendation (ECF No.3) dated
September 1, 2015, is ADOPTED as the Opinion ofthe Court.

IT IS FURTHER ORDERED that a ruling on Plaintiffs in forma pauperis motion
(ECF No. 1) and motion for appointment of counsel (ECF No. 4) be deferred to the transferee
court.

IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.
AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules
of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by
Rule 3 of the Federal Rules of Appellate Proc

Mark R. Hornak
United States District Judge

cc:

ADAM PICONE
35151-068
Northeast Ohio Correctional Center
2240 Hubbard Road
Youngstown, OH 44505

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