Kyer v. Williams
| LANCE ANDREW KYER |
| MARK WILLIAMS and Warden Mark Williams |
| 4:2020cv02082 |
| September 16, 2020 |
| US District Court for the Northern District of Ohio |
| Benita Y Pearson |
| Prisoner: Civil Rights (Prison Condition) |
| 28 U.S.C. ยง 1331 |
| None |
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This docket was last retrieved on October 29, 2020. A more recent docket listing may be available from PACER.
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Filing 8
Order of Dismissal For good cause shown, Plaintiff Lance Andrew Kyer's Motion to Withdraw the Civil Action Suit (ECF No. #7 ) is granted. The within matter is dismissed without prejudice and otherwise than upon the merits pursuant to Fed. R. Civ. P. 41(a)(2). In the event that this case is refiled in this Court, it will be assigned/reassigned to the docket of the undersigned. Counsel or a party without counsel shall be responsible for bringing such initial case assignment to the attention of the Court by responding to the questions included on the Civil Cover Sheet. Plaintiff should direct any further correspondence regarding his request for compassionate release to his criminal case filed in the U.S. District Court for the Southern District of Indiana, United States v. Kyer, No. 1:16-cr-00199-TWP-DKL. Judge Benita Y. Pearson on 10/29/2020. (JLG)
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| Copy of #8 Order of Dismissal mailed to Plaintiff Lance Andrew Kyer #14903-028, FCI Elkton, P.O. Box 10, Lisbon, OH 44432 on 10/29/2020. Related document(s) #8 . (JLG) |
| Filing 7 Motion to withdraw the Civil Action Suit, Motion for appointment of counsel filed by Plaintiff Lance Andrew Kyer. (Attachments: #1 Order)(J,FE) |
| Filing 6 CASE TRANSFERRED IN from District of Indiana Southern. Case number 1:20-cv-02295. Electronic file, transfer order and docket sheet received. |
| Remark by Clerk: This case was assigned and processed without the filing of a Civil Cover Sheet, which is required by Local Rule 3.13(a). Without the Civil Cover Sheet, the Clerk does not know if this case is related to or is a refiling of a pending/terminated case in this Court. Copy of #1 Complaint, and blank Civil Cover Sheet mailed to Lance Andrew Kyer 14903-028, ELKTON - FCI ELKTON FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 10, LISBON, OH 44432 and MARK WILLIAMS, FCI Elkton, 8730 Scroggs Road, Lisbon, OH 44432 on 9/16/20. (W,CM) Modified on 9/16/2020 (W,CM). |
| Judge Benita Y. Pearson assigned to case. (W,CM) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Carmen E. Henderson. (W,CM) |
| Filing 5 Transfer Letter to Clerk of the Northern District of Ohio. Case transferred electronically to Northern District of Ohio, on 9/10/2020. (CKM) [Transferred from insd on 9/16/2020.] |
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Filing 4
ORDER - TRANSFERRING ACTION TO NORTHERN DISTRICT OF OHIO;The defendant's alleged actions giving rise to Mr. Kyer's complaint all occurred in Columbiana County. The defendant appears to reside in Columbiana County, and even if he does not, there is no allegation that he resides in the Southern District of Indiana. Accordingly, venue is improper in the Southern District of Indiana, so this case must be dismissed or transferred. 28 U.S.C. 1406(a). Pursuant to 28 U.S.C. 1406(a), for the convenience of parties and witnesses, and in the interest of justice, this action is now TRANSFERRED to the United States District Court for the Northern District of Ohio, Eastern Division. Signed by Judge Sarah Evans Barker on 9/10/2020 Copy Mailed.(CKM) [Transferred from insd on 9/16/2020.]
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| Filing 3 NOTICE to Pro se Litigant - The following information is provided to pro se litigants to inform them about rules and procedures governing how they communicate with the Court. Copy distributed to Plaintiff via US mail. (TMC) [Transferred from insd on 9/16/2020.] |
| Filing 2 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) [Transferred from insd on 9/16/2020.] |
| Filing 1 COMPLAINT against MARK WILLIAMS, filed by LANCE ANDREW KYER. (No fee paid with this filing) (Attachments: #1 medical and dental records, #2 Envelope)(DJH) [Transferred from insd on 9/16/2020.] |
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