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 |
| 1:2022cv05262 |
| June 24, 2022 |
| US District Court for the Southern District of New York |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
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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. |
| Case Designated ECF. (vba) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Unassigned Judge. (vba) |
| 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.] |
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.]
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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.] |
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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.]
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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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| Filing 4 MOTION to Appoint Counsel by John Curry. (Neptune, Pierre) [Transferred from New York Eastern on 6/24/2022.] |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by John Curry. (Neptune, Pierre) [Transferred from New York Eastern on 6/24/2022.] |
| Filing 2 Prisoner Authorization. (Neptune, Pierre) [Transferred from New York Eastern on 6/24/2022.] |
| 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.] |
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