Gray v. Cohen et al

Filing 6

TRANSFER ORDER: SO ORDERED that given Plaintiffs allegations that all defendants reside in either the Bronx or New York City, and that the events giving rise to Plaintiffs claim(s) allegedly took place in the East Bronx, the Clerk of Court is hereby directed to transfer this action to the United States District Court for the Southern District of New York pursuant to 28 U.S.C. § 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. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 4/14/2016. (Florio, Lisa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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PAMELA M. GRAY,

FILED 
CLERK 

4/14/2016 3:24 pm

U.S. DISTRICT COURT 
EASTERN DISTRICT OF NEW YORK 
LONG ISLAND OFFICE 

Plaintiff,
TRANSFER ORDER
15-CV-5565 (SJF)(GRB)

-againstBONNIE COHEN, JACQUES HUME,
VIVIAN BONE, TAMEIKA GRAY-daughter,
Defendants.
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FEUERSTEIN, J:

On September 18, 2015, pro se plaintiff Pamela M. Gray (“Plaintiff”) filed a complaint
against defendants Bonnie Cohen, Jacques Hume, Vivian Bone, and Tameika Gray, accompanied
by an application to proceed in forma pauperis. Plaintiff resides in the Bronx, New York.
(Compl. at 2). Plaintiff alleges that defendants Cohen, Hume, and Bone reside in the Bronx, and
that defendant Tameika Gray resides in New York, New York. (Id. at 2-3). Plaintiff alleges that
the incident giving rise to her claim(s) “happen[ed] at New York Foundling Home … [in] East
Bronx[,] New York 10468.” (Id. at 5).
28 U.S.C. § 1391(b) provides that a civil action may be brought in:
(1) a judicial district in which any defendant resides, if all
defendants are residents of the same 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).

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Given Plaintiff’s allegations that all defendants reside in either the Bronx or New York
City, and that the events giving rise to Plaintiff’s claim(s) allegedly took place in the East Bronx,
the Clerk of Court is hereby directed to transfer this action to the United States District Court for
the Southern District of New York pursuant to 28 U.S.C. § 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.

s/ Sandra J. Feuerstein
Sandra J. Feuerstein
United States District Judge

Dated: April 14, 2016
Central Islip, New York

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