Farmer v. Federal Bureau of Prisons et al
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|Date Filed||#||Document Text|
|March 27, 2015
ORDER denying 35 Motion to Reopen Case; granting in part and deferring ruling in part 40 Motion for Preliminary Injunction; granting 45 Motion to Dismiss for Lack of Jurisdiction AND TRANSFERRING REMAINING CLAIMS TO THE U.S. DISTRICT COURT F OR THE NORTHERN DISTRICT OF WEST VIRGINIA --- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, Defendants' motion to dismiss is granted to the extent that the following claims are dismissed in their entirety: (1) ADA; (2) for monetary relief under the Rehabilitation Act; and (3) regarding Plaintiff's confinement at MDC. Defendant's motion to transfer Plaintiff's remaining claims for injunctive relief regarding his confinement at FCI Gilmer to the Unit ed States District Court for the Northern District of West Virginia is granted. Plaintiff's motion for a preliminary injunction related to his MDC claims is denied. The Court defers to the transferee court any ruling on Plaintiff's motion for the appointment of counsel and the remaining Restoration Act claims relating to his confinement at FCI Gilmore. These claims and Plaintiff's motion for the appointment of counsel are hereby TRANSFERRED to the United States District Court fo r the Northern District of West Virginia. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. Therefore, in forma pauperis status is denied for the purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk is directed to mail a copy of this Electronic Order and the Attached Written Memorandum and Order to pro sePlaintiff. This case previously was closed by court order. SO ORDERED by Judge Dora Lizette Irizarry on 3/27/2015. (Irizarry, Dora)
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