Hardy v. Mourges
| Victor Hardy |
| Melissa Mourges |
| 1:2024cv02102 |
| March 20, 2024 |
| US District Court for the Southern District of New York |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 8
STANDING ORDER M10-468 (24 MC 127): To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may consent to electronic service to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for permission to file documents electronically. Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the court's website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by prose plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Judge Laura Taylor Swain on 3/18/2024) (tro) Modified on 3/20/2024 (tro).
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| Filing 7 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:24-cv-00891. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Unassigned Judge. .(tro) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions..(tro) |
| Case Designated ECF. (tro) |
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ORDER TRANSFERRING CASE: On 2/22/2024, the Court ordered plaintiff to show cause why this action should not be transferred to the Southern District of New York. Plaintiff's #6 submission indicates that he does not oppose a transfer. For the reasons stated in the 2/22/2024 Order to Show Cause, the Court finds that the proper venue in this action is the Southern District of New York. 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 3/13/2024. (SP) [Transferred from New York Eastern on 3/20/2024.]
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| Filing 6 Letter from Victor Hardy to Judge Kovner dated 3/4/2024 re: Order to Show Cause. (IH) [Transferred from New York Eastern on 3/20/2024.] |
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ORDER TO SHOW CAUSE: Plaintiff's #2 motion to proceed in forma pauperis is granted, but plaintiff is directed to show cause in writing by 3/14/2024 why this action should not be transferred to the Southern District of New York. 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). Plaintiff's complaint alleges that the only defendant, Assistant District Attorney Melissa Mourges, resides in the Southern District of New York. See #1 Compl. I.B. It further alleges that ADA Mourges violated his rights by submitting a letter requesting that plaintiff be civilly committed pursuant to New York's Sex Offender Management and Treatment Act after he completed his prison sentence for two counts of rape. Id. II. Plaintiff's complaint suggests that the parole hearing resulting in his civil commitment took place on Rikers Island, see ibid. (stating that "the events giving rise to [plaintiff's] claim" occurred on "Rikers Island"), which is also in the Southern District of New York. Though the trial leading to plaintiff's conviction took place in King's County, ibid., which is in the Eastern District of New York, plaintiff challenges his civil commitment rather than his underlying conviction, see ibid. It therefore does not appear that a substantial part of the events or omissions giving rise to plaintiff's claim occurred in the Eastern District of New York. See, e.g., Thomas v. Unger, No. 06-CV-6578 (NG), 2007 WL 42993, at *1 (E.D.N.Y. Jan. 4, 2007) (noting that "[t]he Eastern District of New York would not be the proper court" to review a "challenge the denial of parole" because "the denial of parole did not occur in [the] Court's venue"); Brooks v. Strack, No. 98-CV-6528 (JG), 1998 WL 903497, at *1 (E.D.N.Y. Dec. 7, 1998) ("[[V]enue is proper in the district in which the parole revocation hearing took place."). Accordingly, plaintiff shall show cause by 3/14/2024 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 2/22/2024. (SP) Modified on 2/22/2024 (TC). [Transferred from New York Eastern on 3/20/2024.]
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| Filing 4 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 (KD) [Transferred from New York Eastern on 3/20/2024.] |
| Filing 5 Letter from Victor Hardy to Clerk of Court dated 1/28/2024 attaching pertinent police report documents. (IH) [Transferred from New York Eastern on 3/20/2024.] |
| Filing 3 Prisoner Authorization (KD) [Transferred from New York Eastern on 3/20/2024.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Victor Hardy. (KD) [Transferred from New York Eastern on 3/20/2024.] |
| Filing 1 COMPLAINT against Melissa Mourges, filed by Victor Hardy. (Attachments: #1 Civil Cover Sheet) (KD) [Transferred from New York Eastern on 3/20/2024.] |
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| Plaintiff: Victor Hardy | |
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