Gomez v. Brewer et al
| Margarito Gomez |
| Dr. Shahid Haque and Dr. Jeffery Brewer |
| 6:2018cv06548 |
| July 25, 2018 |
| US District Court for the Western District of New York |
| Rochester Office |
| XX US, Outside State |
| Charles J Siragusa |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 6 Case transferred in from District of New York Northern; Case Number 9:18-cv-00773. |
| Filing 5 DECISION AND ORDER: ORDERED that plaintiff's in forma pauperis application (Dkt. No. #2 ) is GRANTED ORDERED, that pursuant to Fed. R. Civ. P. 21 and 28 U.S.C. 1404(a), Brewer and Haque and all claims against them, are severed and transferred to the Western District of New York. ORDERED, that no ruling is made as to the sufficiency of the Complaint with respect to the claims that have been severed and transferred to the Western District, leaving that determination to the Western District of New York. ORDERED that if Plaintiff wishes to proceed with this action, he must file an Amended Complaint as set forth above within thirty (30) days from the date of the filing of this Decision and Order. ORDERED that, if Plaintiff timely files an Amended Complaint, this matter be returned to the Court for further review. ORDERED that if Plaintiff fails to timely file an Amended Complaint as directed, the Clerk shall enter judgment indicating that the remainder of this action is DISMISSED without prejudice without further order of this Court pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b)(1) for failure to state a claim upon which relief may be granted and for failure to comply with this Decision and Order. In that event, the Clerk is directed to close this case. ORDERED that Plaintiff's motion for the appointment of counsel (Dkt. No. #4 ) is DENIED. Signed by U.S. District Judge Mae A. D'Agostino on 7/23/18. {order and copy of complaint served via regular mail on plaintiff}(nas, ) [Transferred from nynd on 7/25/2018.] |
| Filing 4 MOTION to Appoint Counsel filed by Margarito Gomez. (nas, ) [Transferred from nynd on 7/25/2018.] |
| Filing 3 INMATE AUTHORIZATION FORM by Margarito Gomez. (nas, ) [Transferred from nynd on 7/25/2018.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Margarito Gomez. (Attachments: #1 affidavit) (nas, ) (Attachment 1 replaced on 7/2/2018) (nas, ). [Transferred from nynd on 7/25/2018.] |
| Filing 1 COMPLAINT against Jeffery Brewer, Department of Corrections and Community Supervision, Mikhail Gusman, Shahid Haque, Carl J. Koenigsmann, N.Y.S. Department of Correctional Health Services, Brian Valerian(Coxsackie Correctional Facility ), Brian Valerian(Coxsackie Correctional Facility; Reginal Medical Unit ) filed by Margarito Gomez. (Attachments: #1 envelope)(nas, ) [Transferred from nynd on 7/25/2018.] |
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