Jackson v. Cuomo et al
| Eric Jackson |
| Anthony J. Annucci, NYS Division of Parole Brooklyn #2, Andrew Cuomo, Leroy Fields, Beverly Lockwood and Board of Parole, NYS |
| 1:2020cv04159 |
| October 19, 2020 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| William F Kuntz |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| CASE: 1:20-cv-04159 DETAILS: Case transferred from New York Eastern has been opened in Southern District of New York as case 1:20-cv-08930, filed 10/26/2020. (Marziliano, August) |
Filing 5
TRANSFER ORDER: Plaintiff Eric Jackson ("Plaintiff'), currently being detained at Fishkill Correctional Facility, brings this pro se action in relation to his request to be paroled from that facility. Since Plaintiff's claims relate to events alleged to have occurred in Dutchess County, New York, this Court is not the appropriate court in which to file this action. A district court may transfer an action filed in the wrong district court, "to any district... in which it could have been brought," 28 U.S.C. 1406(a), "[f]or the convenience of parties and witnesses, [and] in the interest of justice." 28 U.S.C. 1404(a). Accordingly, in the interest of justice, the Clerk of Court is hereby directed to transfer this action to the United States District Court for the Southern District of New York. 28 U.S.C. 112(b), 1406(a). The Court offers no opinion on the merits of the action. The decision on Plaintiff's application to proceed in forma pauperis pursuant to 28 U.S.C. 1915 and enforcement of the Prison Litigation Reform Act is reserved for the transferee court. The provision of Local Rule 83.1 which requires a seven-day stay is hereby waived. Summonses shall not issue from this Court and the Clerk of Court is respectfully directed to mark this case closed. Case transferred to the United States District Court for the Southern District of New York. 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 William F. Kuntz, II on 10/22/2020. (Love, Alexis) Modified on 10/28/2020: C/mailed to Plaintiff re: this Order and a copy of the docket sheet. (Tavarez, Jennifer).
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| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the 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. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 3 Prisoner Authorization (Bowens, Priscilla) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Eric Jackson. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against All Defendants, filed by Eric Jackson. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) |
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