Moronta v. The State of New York
||The State of New York
||April 22, 2009
||US District Court for the Western District of New York
||XX US, Outside State
||Victor E. Bianchini
||Charles J. Siragusa
|Nature of Suit:
|Cause of Action:
||28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
|Jury Demanded By:
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|April 17, 2009
MEMORANDUM AND ORDER: The venue provision governing federal question jurisdiction requires that the action be filed in the judicial district where the defendant resides or where a substantial part of the events or omissions giving rise to the claim o ccurred. Here plaintiff alleges that he was deprived of his constitutional rights by officials at the Elmira Correctional Facility, that is located in Chemung County. Therefore, venue is proper in the United States District Court for the Western Dist rict of New York, and the Court orders the case transferred back to that district. For the foregoing reasons, the Clerk of the Court is ordered to transfer the case to the United States Court for the Western District of New York. SO ORDERED. (Ordered by Judge Allyne R. Ross, on 4/17/2009) C/mailed. (Case transferred electronically to the United States District Court for the Western District of New York - via ECF) ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Latka-Mucha, Wieslawa) [Transferred from nyed on 4/24/2009.]
|April 8, 2009
MEMORANDUM AND ORDER: Because it is not clear whether petitioner is seeking relief from a judgment of conviction pursuant to 28 U.S.C. § 2254, petitioner is granted leave to amend his petition within 30 days of the date of this Order. No response shall be required from respondent at this time. All further proceedings shall be stayed for 30 days or until the petitioner has complied with this Order. SO ORDERED. (Ordered by Judge Allyne R. Ross, on 4/8/2009) C/mailed. (Latka-Mucha, Wieslawa)[Transferred from nyed on 4/24/2009.]
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