Curry v. State Of New York et al
| John Curry |
| State of New York, Rodney Young, Ms. Charvey, Ms. Clayburn, Ms. Lewis Robinson and Ms. Tina Stanford |
| 9:2022cv00973 |
| September 15, 2022 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Christian F Hummel |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 13, 2022. A more recent docket listing may be available from PACER.
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Filing 23
JUDGMENT entered dismissing the action in accordance with the October 13, 2022 Decision and Order of Judge D'Agostinno.{judgment served via regular mail on plaintiff} (nas )
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Filing 22
DECISION AND ORDER: ORDERED that this action alleging federal claims under Section 1983 is DISMISSED pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) for failure to state a claim upon which relief may be granted. ORDERED that, insofar as this action asserts claims for Section 2254 habeas corpus relief, it is DISMISSED without prejudice as duplicative of the pending Curry Habeas Action. ORDERED that the Clerk is directed to terminate the defendants and close this case. Signed by U.S. District Judge Mae A. D'Agostino on October 13, 2022. {order served via regular mail on plaintiff}(nas )
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Filing 21
Case transferred in from District of New York Southern; Case Number 1:22-cv-05262. electronically transferred when case opened
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Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to John Curry 88A2854 Marcy Correctional Facility 9000 Old River Road P.O Box 3600 Marcy, NY 13403-5000 on 9/14/2022. (aan) [Transferred from New York Southern on 9/16/2022.]
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MAILING RECEIPT: Document No: 19. Mailed to: John Curry 88A2854 9000 Old River Road P.O Box 3600 Marcy, NY 13403-5000. (dsh) [Transferred from New York Southern on 9/16/2022.]
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Filing 20
LETTER from John Curry, dated 9/7/22 re: I am writing you about the motion which Judge Rachel P. Kovner received by me on 8/23/22 etc. I never received a response. The facility loses my mail, and the parole officer, Ms. Lewis Robinson, never showed up to court on 6/8/22. Judge Kovner notified me to serve Ms. Lewis Robinson, and Ms. Robinson had disregard not only to the law, but to the Court's order. Document filed by John Curry.(sc) [Transferred from New York Southern on 9/16/2022.]
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CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of New York. (sac) [Transferred from New York Southern on 9/16/2022.]
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Filing 19
ORDER: The Court dismisses Plaintiff's claims for damages and injunctive relief under 42 U.S.C. 1983 against the State of New York under the doctrine of Eleventh Amendment immunity, for lack of subject matter jurisdiction and because Plaintiff seeks monetary relief from a defendant that is immune from such relief. Fed. R. Civ. P. 12(h)(3); see 28 U.S.C. 1915(e)(2)(B)(iii). The Court dismisses Plaintiff remaining claims for damages and injunctive relief under Section 1983 against the individual defendants under the Heck favorable-termination rule, for failure to state a clam on which relief may be granted, see 1915(e)(2)(B)(ii), but without prejudice to Plaintiff's reassertion of those claims after Plaintiff has been granted habeas corpus relief, or other relief, that would invalidate his current incarceration. The Court construes, for the purpose of this order, Plaintiff's remaining claims in which he seeks his release from incarceration and his restoration to parole as claims for habeas corpus relief under 28 U.S.C. 2254. In the interest of justice, the Court directs the Clerk of Court to transfer those claims for Section 2254 habeas corpus relief to the United States District Court for the Northern District of New York. See 28 U.S.C. 1406(a); 2241(d); Local Civil Rule 83.3. The duty to allow Plaintiff the opportunity to withdraw his claims for Section 2254 habeas corpus relief before proceeding further, see Cook, 321 F.3d at 282, and any determinations as to whether such claims are timely, see 28 U.S.C. 2244(d), and whether Plaintiff has exhausted the available state-court remedies with regard to such claims, or is required to do so, see 2254(b)(1), rests with the transferee court. This order closes this action in this court. Because the Plaintiff makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue from this Court. See 28 U.S.C. 2253. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Laura Taylor Swain on 9/8/2022) (sac) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 9/16/2022.]
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Mailed a copy of #17 Order Granting IFP Application in Prisoner Case, to Warden/Superintendent of Marcy Correctional Facility at 9000 Old River Road P.O Box 5000 Marcy, NY 13403-5000. (dsh) [Transferred from New York Southern on 9/16/2022.]
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Filing 18
LETTER from J. Curry, dated 8/14/22 re: I am writing to inform that I was notified that my case has been transferred as of 8/10/22. My DOCCS Counselor Mr. Medici stated he could possibly get me released to the Edgecombe Transitional House as I told him that I am not (SORA) etc. Document filed by John Curry.(sc) [Transferred from New York Southern on 9/16/2022.]
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Filing 17
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: The Clerk of Court is directed to send a copy of this order and the prisoner authorization to the agency having custody of Plaintiff. That agency is directed to forward copies of Plaintiff's prison trust fund account for the past six months and to disburse the payments required under 28 U.S.C. 1915 to the United States District Court for the Southern District of New York and to include the above docket number on the disbursement before sending it to the Court. If Plaintiff is transferred to another facility, the current facility shall provide a copy of this order to the facility to which Plaintiff is transferred. Finally, it is Plaintiff's obligation to promptly submit a written notification to the Court if Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. (Signed by Judge Laura Taylor Swain on 8/17/2022) (vn) [Transferred from New York Southern on 9/16/2022.]
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Filing 16
PRISONER AUTHORIZATION. Document filed by John Curry.(sc) [Transferred from New York Southern on 9/16/2022.]
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Filing 15
PRISONER AUTHORIZATION. Document filed by John Curry.(sc) [Transferred from New York Southern on 9/16/2022.]
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MAILING RECEIPT: Document No: 14. Mailed to: John Curry 88A2854 9000 Old River Road P.O Box 3600 Marcy, NY 13403-5000. (dsh) [Transferred from New York Southern on 9/16/2022.]
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Filing 14
ORDER DIRECTING UPDATED PRISONER AUTHORIZATION: Plaintiff is directed to submit a completed and signed updated Prisoner Authorization Form to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Prisoner Authorization Form due by 8/4/2022. (Signed by Judge Laura Taylor Swain on July 5, 2022) (Attachments: #1 Prisoner Authorization) (jjg) [Transferred from New York Southern on 9/16/2022.]
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NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(aea) [Transferred from New York Southern on 9/16/2022.]
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Filing 13
CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:22-cv-01122. Original file certified copy of transfer order and docket entries received. [Transferred from New York Southern on 9/16/2022.]
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Case Designated ECF. (vba) [Transferred from New York Southern on 9/16/2022.]
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Case transferred to District of 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. (Herrera, Isaiah) [Transferred from New York Eastern on 6/24/2022.] [Transferred from New York Southern on 9/16/2022.]
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ORDER TRANSFERRING CASE: On February 28, 2022, plaintiff filed a form civil rights complaint against the State of New York, Regional Director of the Bronx Region Parole Office Rodney Young, The Chairwoman of the Board of Parole Tina Stanford, Parole Officer Lewis Robinson, and two parole officials known as Ms. Charvey and Ms. Clayborn. See Compl. 2-3 (ECF Pagination) Dkt. #1 ). Following a parole revocation, see id.at 16, plaintiff was incarcerated at Downstate Correctional Facility, see id. at 4. That facility is in Dutchess County, within the Southern District of New York. Plaintiff is now incarcerated at the Marcy Correctional Facility, see id. at 1, in Oneida County, within the Northern District of New York. Plaintiff alleges that defendants are wrongly keeping him past his conviction date. Id. at 3-5. Under 28 U.S.C. 1391(b), a civil action may be brought in "(1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located; (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of the property that is the subject of the action is situated; or (3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action." 28 U.S.C. 1391(b)(1)-(3). Plaintiff has not pleaded the residence of any of the defendants, and the addresses that he lists for those defendants are outside the Eastern District of New York. See Compl. And plaintiff has not alleged that a substantial part of the events or omissions giving rise to this claim occurred within the Eastern District. See ibid. However, since plaintiff alleges that the events giving rise to his claim occurred at Downstate Correctional Facility, which is in the Southern District of New York, venue would be proper in that district pursuant to Section 1391(b)(2). Accordingly, transfer of this action to the Southern District of New York is appropriate. See 28 U.S.C. 1406(a). 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. 1391(b); 1406(a). A decision on Plaintiffs request to proceed in forma pauperis and his request for counsel is reserved for the transferee Court. 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 6/21/2022. (Herrera, Isaiah) [Transferred from New York Eastern on 6/24/2022.] [Transferred from New York Southern on 9/16/2022.]
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Filing 12
Letter from John Curry to Clerk of Court dated 6/9/2022 re: service of summons. (Herrera, Isaiah) [Transferred from New York Eastern on 6/24/2022.] [Transferred from New York Southern on 9/16/2022.]
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ORDER: Motion to Appoint Counsel #4 is denied. There is no right to counsel in a civil case, and the Court does not have the power to compel an attorney to represent Plaintiff on a pro bono basis. See In re Martin-Trigona, 737 F.2d 1254, 1260 (2d Cir. 1984); Carlton v. Pearson, 351 F. Supp. 3d 265, 267 (W.D.N.Y. 2018). Ordered by Magistrate Judge Taryn A. Merkl on 5/31/2022. (Cahn, Gabriel) [Transferred from New York Eastern on 6/24/2022.] [Transferred from New York Southern on 9/16/2022.]
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Filing 11
Letter from John Curry dated 5/17/2022 re: help in serving the court. (Herrera, Isaiah) [Transferred from New York Eastern on 6/24/2022.] [Transferred from New York Southern on 9/16/2022.]
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Filing 10
Letter from John Curry to Clerk of Court dated 5/2/2022 re: process service form. (Herrera, Isaiah) [Transferred from New York Eastern on 6/24/2022.] [Transferred from New York Southern on 9/16/2022.]
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Filing 9
Letter dated 4/22/2022 from pro se John Curry to the Court, submitting all documents regarding plaintiff's case. W/Enclosures. (Latka-Mucha, Wieslawa) [Transferred from New York Eastern on 6/24/2022.] [Transferred from New York Southern on 9/16/2022.]
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Filing 8
Letter from John Curry to Mr.Pirre dated 3/30/2022 re: current location. (Herrera, Isaiah) [Transferred from New York Eastern on 6/24/2022.] [Transferred from New York Southern on 9/16/2022.]
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Filing 7
Letter from John Curry to Clerk of Court dated 3/21/2022 re: previous letter and current lawyer. (Herrera, Isaiah) [Transferred from New York Eastern on 6/24/2022.] [Transferred from New York Southern on 9/16/2022.]
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Filing 6
NOTICE, Consent, and Reference of a Civil Action to a Magistrate Judge filed by John Curry (Herrera, Isaiah) [Transferred from New York Eastern on 6/24/2022.] [Transferred from New York Southern on 9/16/2022.]
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Filing 5
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) [Transferred from New York Eastern on 6/24/2022.] [Transferred from New York Southern on 9/16/2022.]
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Filing 4
MOTION to Appoint Counsel by John Curry. (Neptune, Pierre) [Transferred from New York Eastern on 6/24/2022.] [Transferred from New York Southern on 9/16/2022.]
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Filing 3
MOTION for Leave to Proceed in forma pauperis by John Curry. (Neptune, Pierre) [Transferred from New York Eastern on 6/24/2022.] [Transferred from New York Southern on 9/16/2022.]
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Filing 2
Prisoner Authorization. (Neptune, Pierre) [Transferred from New York Eastern on 6/24/2022.] [Transferred from New York Southern on 9/16/2022.]
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Filing 1
COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by John Curry. (Attachments: #1 Civil Cover Sheet) (Neptune, Pierre) [Transferred from New York Eastern on 6/24/2022.] [Transferred from New York Southern on 9/16/2022.]
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