Samuels v. YWCA Brooklyn

District Court, S.D. New York

Samuels v. YWCA Brooklyn

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JUSTIN SAMUELS, Plaintiff, 23-CV-10046 (LTS) -against- TRANSFER ORDER YWCA BROOKLYN, Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff Justin Samuels, who resides in Portugal, brings this pro se action alleging discrimination in housing in Brooklyn, New York. Named as Defendant is YWCA Brooklyn, located in Brooklyn, New York. For the following reasons, the Court transfers this action under

28 U.S.C. § 1406

to the United States District Court for the Eastern District of New York. 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 YWCA Brooklyn engages in “illegal sex discrimination, as evidenced by their policies of providing housing exclusively for women and offering social services and educational support solely to women.” (ECF No. 1 at 1). Because Defendant is located in Brooklyn, New York and the alleged events appear to have occurred in Brooklyn, New York, where Defendant is located, 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 Brooklyn, Kings

County, New York, which is in the Eastern District of New York. See

28 U.S.C. § 112

(c). Accordingly, venue lies in the Eastern District of New York,

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 Eastern District of New York,

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 Eastern District of New York. 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. 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. Cf. Coppedge v. United States,

369 U.S. 438, 444-45

(1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. Dated: November 16, 2023 New York, New York

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

Reference

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