Johnson-El v. Olivia

• Court: District Court, D. New Jersey
• Decided: September 16, 2024
• Docket: 2:24-cv-09460
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JEREMIAH JOHNSON-EL, Plaintiff, 24-CV-6662 (LTS) -against- TRANSFER ORDER JAMIE M. OLIVIA, ET AL., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff brings this pro se action under the Court’s federal question jurisdiction and diversity of citizenship jurisdiction, alleging that Defendants violated his rights in Jersey City, New Jersey. Named as Defendants are Jamie M. Olivia, Sean Gallagher, Adams J. DeNardo, Matthew Dolan, Rincon A. Barishman, J. Matos, A. Laz, and “Parking Attendants.” For the following reasons, the Court transfers this action under 28 U.S.C. § 1406 to the United States District Court for the District of New Jersey. DISCUSSION Under 28 U.S.C. § 1391(b), a civil action may be brought in (1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located; (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or (3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court’s personal jurisdiction with respect to such action. Under Section 1391(c), a “natural person” resides in the district where the person is domiciled, and an “entity with the capacity to sue and be sued” resides in any judicial district where it is subject to personal jurisdiction with respect to the civil action in question. See 28 U.S.C. § 1391(c)(1), (2). Plaintiff alleges that Defendants violated his rights in Jersey City, New Jersey. Plaintiff provides an address in Albany, New York, for Defendant Dolan, does not plead the residence of the other defendants, but asserts that the alleged events giving rise to his claims occurred at 1 Path Plaza in Jersey City, New Jersey. (ECF 1 at 2.). Because Plaintiff does not allege that any Defendant resides in this District,1 and because he alleges that the underlying events occurred in

Jersey City, New Jersey, from the face of the complaint, it is clear that venue is not proper in this Court under Section 1391(b)(1), (2). Under 28 U.S.C. § 1406, if a plaintiff files a case in the wrong venue, the Court “shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought.” 28 U.S.C. § 1406(a). Plaintiff’s claims arose in Jersey City, which is located in the District of New Jersey. See 28 U.S.C. § 110. Accordingly, venue lies in the District of New Jersey, 28 U.S.C. § 1391(b)(2), and in the interest of justice, the Court transfers this action to the United States District Court for the District of New Jersey, 28 U.S.C. § 1406(a). CONCLUSION The Clerk of Court is directed to transfer this action to the United States District Court

for the District of New Jersey. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. A summons shall not issue from this Court. This order closes this case in this court.

1 Albany, in Albany County, falls within the Northern District of New York. See 28 U.S.C. § 112(a). The Court certifies, pursuant to 28 U.S.C § 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED.

Dated: September 16, 2024 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge