Shea v. Town of Middletown et al
| Sean Shea |
| Town of Middletown, Carl Davis, Hiram Davis, Carey Wagner, John Fairbairn, Sandra Rockwell, Jason Wadler, Frank Canavan, Kurt Holcherr, Gordon Stevens, Gary Kusen, Patricia Kelly, John Biruk, John Addario and Richard Solomon |
| 1:2021cv05733 |
| October 19, 2021 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Pamela K Chen |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| CASE: 1:21-cv-05733 DETAILS: Case transferred from New York Eastern has been opened in Northern District of New York - Main Office (Syracuse) [NextGen CM/ECF Release 1.6 (Revision 1.6.2)] as case 3:21-cv-01311, filed 12/08/2021 . (Marziliano, August) |
Filing 6
TRANSFER ORDER: By Order dated October 25, 2021, the Court directed Plaintiff to show cause why the action should not be transferred to the United States District Court for the Northern District of New York which encompasses Delaware County. See 28 U.S.C. 112(a). In response, Plaintiff alleges that because he was served with the summonses in Nassau County and because some of the Defendants are also located in New York and Kings counties, that venue is proper here. (Pl. Response, Doc. No. 5.) The Court disagrees. The property at issue and which is the subject of the summonses that Plaintiff challenges is in Delaware County. Moreover, the majority of the Defendants are alleged to reside in Delaware County, even if Plaintiff alleges that some Defendants also have residences in Kings and New York counties. Therefore, the Court cannot credit Plaintiff's contention that venue is proper in the Eastern District of New York of New York. See 28 U.S.C. 1391(b). Accordingly, the Court may dismiss the case or, "if it be in the interest of justice, transfer [the] case to any district or division in which it could have been brought." 28 U.S.C. 1406(a). The decision "whether to dismiss or transfer a case lies within the sound discretion of the district court." Blakely v. Lew, 607 F. Appx 15, 18 (2d Cir. 2015) (quoting Minnette v. Time Warner, 997 F.2d 1023, 1026 (2d Cir. 1993)); see also Gonzalez v. Hasty, 651 F.3d 318, 324-25 (2d Cir. 2011) (noting that "[c]ourts enjoy considerable discretion in deciding whether to transfer a case in the interest of justice pursuant to 1406(a)). As plaintiff proceeds pro se, transfer to the Northern District of New York pursuant to 28 U.S.C. 1406(a) is appropriate. Accordingly, the Clerk of Court is directed to transfer this action to the United States District Court for the Northern District of New York. 28 U.S.C. 1391(b), 1404(a) and 1406(a). Ordered by Magistrate Judge Lois Bloom on 12/07/2021. (Van Buren, Ethan)
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| Case transferred electronically to the United States District Court for the Northern District of New York via CM/ECF Extract Civil Case. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Latka-Mucha, Wieslawa) |
| Filing 5 RESPONSE TO #4 ORDER TO SHOW CAUSE; filed by pro se Sean Shea, dated 11/24/2021. (Latka-Mucha, Wieslawa) |
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Filing 4
ORDER TO SHOW CAUSE: Plaintiff is directed to show cause, within 30 days, why this action should not be transferred to the United States District Court for the Northern District of New York. If Plaintiff fails to show cause within the time allowed, the Court shall direct the Clerk of Court to transfer this action to the United States District Court for the Northern District of New York. See 28 U.S.C. 1406(a). SO ORDERED by Magistrate Judge Lois Bloom, on 10/25/2021. (Latka-Mucha, Wieslawa)
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| Filing 3 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. (Neptune, Pierre) |
| Filing 2 Summons Issued as to John Addario, John Biruk, Frank Canavan, Carl Davis, Hiram Davis, John Fairbairn, Kurt Holcherr, Patricia Kelly, Richard Solomon, Gordon Stevens, Town of Middletown, Carey Wagner. (Neptune, Pierre) |
| Filing 1 COMPLAINT (Paid - Receipt #4653160707) against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Sean Shea. (Attachments: #1 Civil Cover Sheet) #2 Filing Fee Receipt) (Neptune, Pierre). |
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