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Guillory v. Haywood

United States District Court, Second Circuit

December 17, 2013

PATRICK GUILLORY, 09-B-0714, Plaintiff,
v.
NANCY HAYWOOD, et al., Defendants.

DECISION and ORDER

WILLIAM M. SKRETNY, Chief District Judge.

Plaintiff Patrick Guillory has brought this action under 42 U.S.C. § 1983, complaining that his constitutional rights were violated at the Greene Correctional Facility, and has requested permission to proceed in forma pauperis (Docket Nos. 1, 2). However, subsequent to the filing of the complaint, plaintiff filed a letter in which he states that he erred in filing the case in this Court inasmuch as all of the defendants are located in the Northern District of New York. (Docket No. 7). The Court construes plaintiff's letter as a request to transfer this action to the Northern District of New York.

The Greene Correctional Facility is located in the Northern District of New York and the instant action is thus deemed to arise under jurisdiction of the United States District Court for the Northern District of New York. Pursuant to 28 U.S.C. § 1406(a), this action is ordered transferred to the United States District Court for the Northern District of New York.

The determination of the plaintiff's motion for permission to proceed in forma pauperis has been left to the Northern District of New York. Because this Court has already sent his signed authorization form to the Greene Correctional Facility for execution, and plaintiff has subsequently been transferred to Southport Correctional Facility, the Pro Se Office is directed to advise the Southport Correctional Facility of the transfer of this case to the Northern District.

IT HEREBY IS ORDERED, that this matter is transferred to the United States District Court for the Northern District of New York.

SO ORDERED.


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