Odonoghue v. Fuller
| Wycliffe H. Odonoghue |
| Judge Joseph C Fuller |
| 2:2024cv00480 |
| May 24, 2024 |
| US District Court for the Middle District of Florida |
| John L Badalamenti |
| Nicholas P Mizell |
| Civil Rights: Other |
| 28 U.S.C. ยง 1983 Civil Rights (DO NOT USE) |
| None |
Docket Report
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This docket was last retrieved on May 24, 2024. A more recent docket listing may be available from PACER.
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| Filing 5 Case TRANSFERRED from the Eastern District of New York. Case assigned to District Judge John L. Badalamenti and Magistrate Judge Nicholas P. Mizell. New Case Number: 2:24-cv-480-JLB-NPM. (LF) |
| Filing 4 Case transferred in from District of New York Eastern; Case Number 1:24-cv-03659. File received electronically |
Case transferred to District of Middle District of Florida. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. So ordered by Judge Eric N. Vitaliano on 5/23/2024. (JP) [Transferred from nyed on 5/24/2024.]
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ORDER transferring action for lack of venue. Venue is proper in (1) "the judicial district in which any defendant resides," (2) "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred," or (3) "if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action." 28 U.S.C. 1391(b). Defendant resides in Florida, and plaintiff's complaint arises entirely out of events, namely court proceedings, occurring in Lee County, Florida. See Compl., Dkt. 1, at 1-4. Accordingly, venue does not lie in the Eastern District of New York, and this action is transferred pursuant to 28 U.S.C. 1406(a) to the Middle District of Florida. See Corley v. United States, 11 F.4th 79, 83 (2d Cir. 2021) (affirming sua sponte transfer of pro se action). Plaintiff's #2 motion to proceed in forma pauperis is reserved for the transferee court. The seven-day delay to effectuate the transfer, pursuant to Local Rule 83.1, is waived. The Clerk of Court is directed to transfer this case, and, following transfer, to close this docket for administrative purposes. Ordered by Judge Eric N. Vitaliano on 5/23/2024. (CC) [Transferred from nyed on 5/24/2024.]
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| Filing 3 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (CV) [Transferred from nyed on 5/24/2024.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Wycliffe H. Odonoghue. (CV) [Transferred from nyed on 5/24/2024.] |
| Filing 1 COMPLAINT against Joseph C Fuller, filed by Wycliffe H. Odonoghue. (Attachments: #1 Civil Cover Sheet) (CV) [Transferred from nyed on 5/24/2024.] |
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| Plaintiff: Wycliffe H. Odonoghue | |
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| Defendant: Judge Joseph C Fuller | |
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