Opinion
12-CV-6393Fe
09-24-2012
ROBERT SCOTT, 03B2285, Plaintiff, v. CARL KOENIGSMANN, M.D., Chief Medical Officer, New York State Department of Corrections in official and individual capacity, Defendant.
ORDER
Plaintiff Robert Scott has brought this action under 42 U.S.C. § 1983, complaining that his constitutional rights were violated by defendant Carl Koenigsmann. All of the allegations regarding the only defendant, Koenigsmann, occurred while plaintiff was incarcerated at Mid-State Correctional Facility, which is located in the Northern District of New York. The action is, therefore, 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 Court notes that any exhibits other than Exhibit F and a page of Docket #4 were never received by the Court.
The determination of the plaintiff's motion for permission to proceed in forma pauperis has been left to the Northern District of New York and, therefore, because this Court has already sent his signed authorization form to the Gowanda Correctional Facility for execution, the Pro Se Office is directed to advise the 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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JOHN T. CURTIN
United States District Judge
DATED: September 19, 2012
Buffalo, New York