WRIGHT v. PENNSYLVANIA DEPARTMENT OF CORRECTION et al

Filing 6

MEMORANDUM ORDER directing that this case be transferred forthwith to the United States District Court for the Eastern District of Pennsylvania; adopting 2 Report and Recommendation of Magistrate Judge Eddy as the opinion of the Court; and further directing that the motion for leave to proceed in forma pauperis is deferred to transferee court. Signed by Judge David S. Cercone on 1/28/15. (njt)

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

HOWARD B. WRIGHT,
Plaintiff,

v.
PENNSYLVANIA DEPARTMENT OF
CORRECTION, SUPERINTENDENT
JOHN C. THOMAS, and SERGEANT
KYLE BOOK,
Defendants.

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2: 14-cv-01678
Electronic Filing
Judge David Stewart Cercone

MEMORANDUM ORDER
Plaintiff, Howard B. Wright, has submitted for filing a civil rights complaint; however,
the complaint was not accompanied by either payment of the filing fee or a Motion for Leave to
proceed in forma pauperis. The case 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.
On December 23, 2014, Magistrate Judge Eddy filed a Report and Recommendation
(ECF No. 2) recommending that the case be transferred to the United States District Court for the
Eastern District of Pennsylvania where venue is proper because all of the claims raised in the
complaint involve events arising from an incident which occurred on May 29, 2013, while
Wright was housed at SCI-Chester, which is located within the territorial limits of the United
States District Court for the Eastern District of Pennsylvania ("Eastern District").
Plaintiff was served with the Report and Recommendation at his listed address and was
advised that he had until January 9, 2015, to file written objections to the Report and
Recommendation. Plaintiff has not filed any objections nor has he sought an extension of time

in which to do so.

However, subsequent to the Report and Recommendation being filed,

Plaintiff has filed a Motion for Leave to Proceed in forma pauperis (ECF No. 3), his
authorization permitting withdrawal of prison accounts funds (ECF No. 4), and a Supplement to
his Complaint (ECF No. 5).
After de novo review of the pleadings and documents in the case, together with the
Report and

Recommendation~

AND NOW, this

following order is entered:

':.v--

~~ day of January, 2015:

IT IS HEREBY ORDERED that this case is TRANSFERRED forthwith to the United

States District Court for the Eastern District of Pennsylvania.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No.2) dated

December 23,2014, is ADOPTED as the Opinion of the Court;
IT IS FURTHER ORDERED that the Motion for Leave to Proceed in forma pauperis

(ECF No. 3) is deferred to the transferee court; and
AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(l) of the Federal Rules

of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by
Rule 3 ofthe Federal Rules of Appellate Procedure.

David Stewart Cercone
United States District Judge
cc:

HOWARD B. WRIGHT
FP-5050
SCI Smithfield
PO Box 999
1120 Pike Street
Huntingdon, PA 16652
(via First Class Mail)