Rogers v. Gardasil

District Court, W.D. North Carolina

Rogers v. Gardasil

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JOSHUA STEVEN ROGERS, Plaintiff, 25-CV-2344 (LTS) -against- TRANSFER ORDER GARDASIL, Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff filed this action pro se and in forma pauperis (“IFP”), alleging that he suffered side effects from being vaccinated with the Human Papillomavirus (“HPV”) vaccine.1 This action is Plaintiff’s second lawsuit against Gardasil filed in this court regarding the alleged side effects from the HPV vaccine. See Rogers v. Gardasil, No. 24-CV-7889 (LTS) (“Rogers I”). By order dated October 25, 2024, the Court transferred Rogers I to the Western District of North Carolina where multi-district litigation regarding alleged side effects from the HPV vaccine is pending. See In Re: Gardasil Products Liability Litigation, No. 3:22-MD-03036 (KDB) (W.D.N.C.). The Western District of North Carolina assigned Plaintiff’s transferred case with docket number 24-CV-0991; Plaintiff currently is listed as a plaintiff in the multidistrict ligation action.2

1 The Court granted Plaintiff’s IFP application on June 26, 2025. 2 The docket sheet for Plaintiff’s member case under docket number 24-CV-0991 indicates that Plaintiff’s application to proceed IFP was denied on December 12, 2024, with leave to pay the fees or submit an amended IFP application. Id. (Doc. No. 7.) The docket sheet does not reflect whether Plaintiff paid the fees or if he filed an amended IFP application. This new duplicate complaint also appears related to the multi-district litigation pending in the Western District of North Carolina. Accordingly, the Court transfers this action to the United States District Court for the Western District of New York. See

28 U.S.C. § 1404

(a). CONCLUSION The Clerk of Court is directed to transfer this action to the United States District Court

for the Western District North Carolina. See

28 U.S.C. § 1404

(a). A summons shall not issue from this court. This order closes the case in the Southern District of New York. 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 IFP status is denied for the purpose of an appeal. See Coppedge v. United States,

369 U.S. 438, 444-45

(1962). SO ORDERED. Dated: August 27, 2025 New York, New York

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

Reference

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