Reed v. USP McCreary
| Tony Reed |
| USP McCreary |
| 1:2023cv02688 |
| June 9, 2023 |
| US District Court for the Northern District of Georgia |
| J Elizabeth McBath |
| Amy Totenberg |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1331 Federal Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on July 10, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 3 Case transferred from Georgia Northern has been opened in Eastern District of Kentucky as case 6:23-cv-00127, filed 07/10/2023. (tmf) |
| Case electronically transferred to USDC EDKY- London Division. (tmf) |
| Civil Case Terminated. Magistrate Judge J. Elizabeth McBath terminated from case. (tmf) |
| Clerk's Certificate of Mailing as to Tony Reed re #2 Order. (tmf) |
Filing 2
ORDER: Plaintiff, Tony Reed, confined in the McCreary United States Penitentiary in Pine Knot, Kentucky ("U.S.P. McCreary"), submitted a document that the Court considers as a pro se civil rights complaint pursuant to 28 U.S.C. 1331 and Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). (Doc. 1.)1 Plaintiff's construed complaint concerns events at U.S.P. McCreary, specifically Plaintiff's (1) prison classification based on his criminal history, (2) lack of access to mental health medication, and (3) qualification to participate in a drug treatment program. (Id. at 1-3.) A civil action must be filed where (1) the defendant resides, or (2) "a substantial part of the events or omissions giving rise to the claim occurred...." 28 U.S.C. 1391(b). A court "shall dismiss, or if it be in the interest of justice, transfer" an action filed in the wrong division or district to the proper one. Id. 1406(a). Plaintiff's construed complaint concerns events at U.S.P. McCreary, which is located within the jurisdiction of the Eastern District of Kentucky, London Division. Id. 97(a). Because Plaintiff is proceeding pro se, the Court finds that it is in the interest of justice to transfer, rather than dismiss, this action. Accordingly, the Court TRANSFERS this action to the Eastern District of Kentucky, London Division, for further proceedings. The Clerk is DIRECTED to terminate the referral to the undersigned. The Clerk is DIRECTED to update the docket sheet to reflect the nature of suit and cause of action for a Bivens case. Signed by Magistrate Judge J. Elizabeth McBath on 7/7/2023. (tmf)
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| Submission of #1 Petition for Writ of Habeas Corpus for IFP and frivolity determination to Magistrate Judge J. Elizabeth McBath. (kng) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Tony Reed. (Attachments: #1 Civil Cover Sheet)(kng) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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| Petitioner: Tony Reed | |
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| Respondent: USP McCreary | |
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