Burns v. Sheck et al
| George Burns |
| Olivia Sheck, Nurse Mitchell, Dr. Laura Gallagher and Jasmine Garcia |
| 1:2024cv00529 |
| January 23, 2024 |
| US District Court for the Eastern District of New York |
| James R Cho |
| Rachel P Kovner |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 8, 2024. A more recent docket listing may be available from PACER.
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| Case transferred to 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. (IH) |
ORDER TRANSFERRING CASE: On 2/10/2024, the Court ordered plaintiff to show cause by 3/1/2024 why this action should not be transferred to the Southern District of New York. The Court warned that [f]ailure to respond will likely result in the transfer of this action. 2/10/2024 Order to Show Cause. The deadline has passed and no response has been filed. Accordingly, the Court finds that the proper venue for this action is the Southern District of New York, for the reasons stated in the Order to Show Cause. The Clerk of Court is respectfully directed to transfer this action to the Southern District of New York. The provision of Rule 83.1 of the Local Rules of the Eastern District of New York, which requires a seven-day delay, is waived. Ordered by Judge Rachel P. Kovner on 3/8/2024. (NNW)
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ORDER TO SHOW CAUSE: Plaintiff George Burns brings this pro se action concerning events that appear to have occurred in New York County. See Compl. 13 (Dkt. #1). Plaintiff names as defendants Olivia Sheck, a court-appointed criminal defense attorney at the Bronx Defenders who represented plaintiff while he was previously held at the George R. Vierno Center (GRVC) at Rikers Island, as well as Nurse Mitchell, Dr. Laura Gallagher, and Jasmine Garcia, who are staff members at GRVC. Id. at 1. Under the general venue statute, a civil action may be brought in a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located or in a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred. 28 U.S.C. 1391(b)(1)(2). Because defendants appear to reside in New York County and the events giving rise to plaintiffs claims appear to have occurred in New York County, it appears that the proper venue for this action is the Southern District of New York. Accordingly, plaintiff shall show cause by 3/1/2024 why this action should not be transferred to the Southern District of New York. See 28 U.S.C. 1406(a) (The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought.). Failure to respond will likely result in the transfer of this action. Ordered by Judge Rachel P. Kovner on 2/10/2024. (NNW)
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| Filing 2 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 (AF) |
| Filing 1 COMPLAINT against Dr. Laura Gallagher, Jasmine Garcia, Nurse Mitchell, Olivia Sheck, filed by George Burns. (Attachments: #1 Civil Cover Sheet) (AF) |
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