Burns v. Sheck et al
| George Burns |
| Olivia Sheck, Nurse Mitchell, Dr. Laura Gallagher and Jasmine Garcia |
| 1:2024cv02361 |
| March 28, 2024 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 4
STANDING ORDER M10-468 (24MC127) 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returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order.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 Chief Judge Laura Taylor Swain on 3/18/2024) (vba)
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| Filing 3 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:24-cv-00529. 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. (vba) |
| Case Designated ECF. (vba) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) |
| 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) [Transferred from New York Eastern on 3/28/2024.] |
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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) [Transferred from New York Eastern on 3/28/2024.]
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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) [Transferred from New York Eastern on 3/28/2024.]
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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) [Transferred from New York Eastern on 3/28/2024.] |
| Filing 1 COMPLAINT against Dr. Laura Gallagher, Jasmine Garcia, Nurse Mitchell, Olivia Sheck, filed by George Burns. (Attachments: #1 Civil Cover Sheet) (AF) [Transferred from New York Eastern on 3/28/2024.] |
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