Chavez v. Doe
Chavez v. Doe
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JUAN CHAVEZ, Plaintiff, 23-CV-5123 (LTS) -against- TRANSFER ORDER DOE; MARIAN BROWN; BOBBY LUMPKIN; L.A. MUNI COURT, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff, who is currently incarcerated at Twin Towers Correctional Facility in Los Angeles, California, brings this action pro se. He sues the Los Angeles Municipal Court, two named individuals (Marian Brown and Bobby Lumpkin) and an unidentified “Doe” defendant. The allegations set forth in the complaint concern conduct that occurred in Los Angeles, California. In fact, the complaint is a near duplicate of an action Plaintiff filed in this court on June 14, 2023. See Chavez v. Doe, ECF 1:23-CV-5030, 1 (S.D.N.Y. June 22, 2023) (“Chavez I”). The Court transferred Chavez I, under
28 U.S.C. § 1404(a), to the United States District Court for the Central District of California.
Id.(Doc. No. 3.) For the reasons articulated in the Court’s June 22, 2023, order in Chavez I, transferring that action to the Central District of California, the Court transfers this action to the United States District Court for the Central District of California. CONCLUSION The Clerk of Court is directed to transfer this action to the United States District Court for the Central District of California, Western Division. 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 the case in the Southern District of New York. The Court certifies, under
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: August 1, 2023 New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge
Reference
- Status
- Unknown