Mazzeo Unum Limited et al v. Family Court of New York State

Filing 6

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis is GRANTED. (Doc. 2 ) ;IT IS FURTHER ORDERED that this action is DISMISSED without prejudice.IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability. An Order of Dismissal will be filed forthwith.. Signed by District Judge John A. Ross on 7/5/17. (KKS)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION MAZZEO UNUM LIMITED, Plaintiff, v. FAMILY COURT OF NEW YORK STATE, et al., Defendants, ) ) ) ) ) ) ) ) ) ) No. 4:17-CV-1553 JAR MEMORANDUM AND ORDER This matter is before the Court on plaintiff's motion for leave to proceed in forma pauperis and submission of a civil complaint. The motion for leave to proceed in forma pauperis is granted. Additionally, this action is dis:i;nissed for improper venue. Plaintiff brings this action against the Family Court of New York State as well as several cities in New York. The complaint is unintelligible, but it may have something to do with disability benefits or IRS bills. Plaintiff is a resident of New York, and the case bears no relation to this District. Additionally, plaintiff's hundreds of pages of exhibits do not enlighten the Court as to why it was filed in this District. Pursuant to 28 U.S.C. ยง 1406(a), "The district court of a district in which is filed a case laying venue in the wrong division or district 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." Due to the unintelligibility of plaintiff's allegations, the Court finds no reason to transfer this case to New York. Therefore, this action is dismissed for lack of venue. Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis is GRANTED. (Doc. 2) IT IS FURTHER ORDERED that this action is DISMISSED without prejudice. IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability. An Order of Dismissal will be filed forthwith. Dated this ~of July, 2017. A. 2 a. OSS STATES DISTRICT JUDGE

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