Gatson v. Bergen County Prosecutor's Office et al

Filing 7

TRANSFER ORDER: Because plaintiff does not allege that any defendant resides in the Eastern District of New York and a substantial part of the events giving rise to plaintiffs claim allegedly occurred in Bergen County, New Jersey, the Clerk of Court is hereby directed to transfer this action to the United States District Court for the District of New Jersey pursuant to 28 U.S.C. §§ 1391(b); 1406(a). No summons shall issue from this Court and a ruling on Plaintiffs application to procee d in forma pauperis is reserved for the transferee Court. Case electronically transferred to District of New Jersey. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE.. So Ordered by Judge Joan M. Azrack on 10/23/2015. c/m to pro se plaintiff. (Ortiz, Grisel)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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TOKYO GATSON,
Plaintiff,
-against-

TRANSFER ORDER
15-CV-03795 (JMA) (ARL)

BERGEN COUNTY PROSECUTOR’S OFFICE;
Bergen County Prosecutor’s Office Detective
MICHAEL FALOTICO; Bergen County Prosecutor’s
Office Detective KEITH SORIANO; Bergen County
Prosecutor’s Office Sergeant GEORGE SERRANO;
Bergen County Prosecutor’s Office Detective JAMES
ECKERT; Bergen County Prosecutor’s Office Detective
MIN PAIK; Bergen County Prosecutor’s Office MR.
JOHN L. MOLINELLI; Bergen County Superior
Court Judge HONORABLE LILIANA A. DEAVILASILEBI, PJ. CR.; Bergen County Superior Court Judge
EDWARD A. JEREJIAN, J.S.C.; COUNTY OF
BERGEN,
Defendants.
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AZRACK, United States District Judge:
On June 24, 2015, pro se plaintiff Tokyo Gatson (“plaintiff”), who is presently
incarcerated at the Essex County Correctional Facility (“Essex”) located in Newark, New Jersey
filed the instant pro se complaint alleging violations of his civil and constitutional rights against
the Bergen County Prosecutor’s Office, Bergen County Prosecutor’s Office Detective Michael
Falotico, Bergen County Prosecutor’s Office Detective Keith Soriano, Bergen County
Prosecutor’s Office Sergeant George Serrano, Bergen County Prosecutor’s Office Detective
James Eckert, Bergen County Prosecutor’s Office Detective Min Paik, Bergen County
Prosecutor’s Office Mr. John L. Molinelli, Bergen County Superior Court Judge Honorable
Liliana A. DeaVila-Silebi, PJ. CR., Bergen County Superior Court Edward A. Jerejian, J.S.C.,
and the County of Bergen (collectively, “defendants”) together with an application to proceed in

forma pauperis. Plaintiff seeks to challenge, inter alia, the alleged unlawful “search and seizure
of plaintiff’s historical cell tower records.” See Compl. at 2. Plaintiff alleges that at all times
relevant to his complaint, he was a resident of Georgia and that all of the defendants were located
in New Jersey. Id. at ¶¶ 5−9.
Under 28 U.S.C. § 1391(b), a civil rights 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.
28 U.S.C. § 1391(b).
Because plaintiff does not allege that any defendant resides in the Eastern District of New
York and a substantial part of the events giving rise to plaintiff’s claim allegedly occurred in
Bergen County, New Jersey, the Clerk of Court is hereby directed to transfer this action to the
United States District Court for the District of New Jersey pursuant to 28 U.S.C. §§ 1391(b);
1406(a). No summons shall issue from this Court and a ruling on Plaintiff’s application to
proceed in forma pauperis is reserved for the transferee Court.

SO ORDERED.

Dated: October 23, 2015
Central Islip, New York
/s/_____________
Joan M. Azrack, U.S.D.J.
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