Pankey v. The State of New York et al
| Jake Pankey |
| The State of New York, Governor Andrew Cuomo, Jeff McKoy and Anthony Annucci |
| 1:2021cv00647 |
| May 19, 2021 |
| US District Court for the Western District of New York |
| Buffalo Office |
| Lawrence J Vilardo |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 14, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 13 MOTION to Appoint Counsel by Jake Pankey. (JLV) |
| Filing 12 MOTION for Leave to Proceed in forma pauperis by Jake Pankey. (JLV) |
| Filing 11 JUDGMENT in favor of The State of New York, Andrew Cuomo, Anthony Annucci, Jeff McKoy against Jake Pankey. Signed by Mary C. Loewenguth, Clerk of Court on 5/21/2021. (JLV) Copy mailed to pro se plaintiff. |
Filing 10
ORDER denying #2 Motion for Leave to Proceed in forma pauperis without prejudice; that the Clerk of Court shall administratively terminate this action without filing the complaint or assessing a filing fee; that the Clerk of Court shall send Plaintiff a form motion to proceed in forma pauperis with supporting affirmation; that if Plaintiff wishes to reopen this action, he shall so notify this Court, in writing, no later than 30 days from the date of this order. This writing must include either (a) a properly supported motion to proceed in forma pauperis along with the required certification of his inmate trust fund account (or the institutional equivalent) and authorization form or (b) the $350.00 filing fee and the $52.00 administrative fee ($402.00 total); that upon Plaintiffs submission of either (a) a complete motion to proceed in forma pauperis along with the required certification and authorization form, or (b) the $350.00 filing fee and the $52.00 administrative fee ($402.00 total), the Clerk of Court shall reopen this case. Signed by Hon. Lawrence J. Vilardo on 5/21/2021. (JLV) Copy mailed to pro se plaintiff, along with a motion to proceed in forma pauperis form and authorization.
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| Filing 9 Case transferred in from District of New York Eastern; Case Number 2:21-cv-01682. |
| Remark: Plaintiff has been mailed a pro se packet including a privacy notice, consent to proceed before a Magistrate Judge, and a civil case timeline. (CGJ) |
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Filing 8
MEMORANDUM & ORDER: Pro se plaintiff, Jake Pankey ("Plaintiff"), who is presently incarcerated at the Orleans Correctional Facility, filed a civil rights complaint pursuant to 42 U.S.C. 1983 ("Section 1983"), complaining about the conditions of his confinement at that facility. (ECF No. 1.) Here, the events giving rise to Plaintiffs claims are alleged to have occurred exclusively at the Orleans Correctional Facility located in Orleans County. Orleans County is within the Western District of New York. See 28 U.S.C. 112(d). Under 28 U.S.C. 1391(b)(2), venue is therefore proper in the Western District of New York. Accordingly, rather than dismiss the complaint for improper venue, the Court, in the interest of justice, transfers this action pursuant 1406(a) to the United States District Court for the Western District of New York. See 28 U.S.C. 1406(a) (stating that a district court may transfer a case filed in the wrong district "to any district... in which it could have been brought"); see also Minnette v. Time Warner, 997 F.2d 1023, 1026 (2d Cir. 1993) ("Whether dismissal or transfer is appropriate lies within the sound discretion of the district court."). The determination of Plaintiff's motions to proceed in forma pauperis and for class certification is reserved for the transferee court. Accordingly, the Clerk of Court is directed to transfer this action to the United States District Court for the Western District of New York under Section 1406(a). The Clerk of the Court is further directed to mail a copy of this Order to Plaintiff and to mark this case closed. 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, should Plaintiff seek leave to appeal in forma pauperis, such status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SEE ATTACHED MEMORANDUM & ORDER for details. So Ordered by Judge Joan M. Azrack on 5/17/2021. c/m (Coleman, Laurie) [Transferred from nyed on 5/19/2021.]
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| Case transferred to District of Western 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.. (Coleman, Laurie) [Transferred from nyed on 5/19/2021.] |
| Filing 7 LETTER Request to Transfer to the Western District of New York by Jake Pankey. (Coleman, Laurie) Modified on 5/17/2021 at the direction of chambers to change event type to letter (Coleman, Laurie). [Transferred from nyed on 5/19/2021.] |
| Filing 6 Letter from Pro Se Office to Plaintiff Pankey acknowledging receipt of the civil action and providing the docket number and Judge(s) assigned. All appropriate case opening documents were mailed. CM 3/31/21 (Grady, Jessica) [Transferred from nyed on 5/19/2021.] |
| Filing 5 Notice of Related Case: 20-cv-3630-JMA-SIL The Civil Cover Sheet filed in this civil action indicates a related case. (Cox, Dwayne) [Transferred from nyed on 5/19/2021.] |
| Filing 4 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. (Cox, Dwayne) [Transferred from nyed on 5/19/2021.] |
| Filing 3 MOTION to Certify Class by Jake Pankey. (Cox, Dwayne) [Transferred from nyed on 5/19/2021.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Jake Pankey. (Cox, Dwayne) [Transferred from nyed on 5/19/2021.] |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Jake Pankey. (Attachments: #1 Exhibit, #2 Civil Cover Sheet) (Cox, Dwayne) [Transferred from nyed on 5/19/2021.] |
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