Brown v. Guardsmark, LLC

Filing 5

TRANSFER MEMORANDUM & ORDER: Venue is not proper in this district under Title VII. 42 U.S.C. § 2000e-5(t)(3). Accordingly, this action is transferred to the United States District Court for the Eastern District of Virginia. 28 U. S.C. § 1406(a). The Court certifies pursuant to 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 purpose of an appeal. SO ORDERED by Chief Judge Carol Bagley Amon on 5/16/2012. C/mailed to pro se Plaintiff. Case transferred electronically to the United States District Court for the Eastern District of Virginia via CM/ECF Extract Civil Case. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Latka-Mucha, Wieslawa) [Transferred from New York Eastern on 5/17/2012.]

flLEU

IN CI..ERK'S OFFICE
U.~. OISll\ICtCOURTE.D.N.Y.

* MAY 1 6 2012 *

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

_________________________________x

BROOKLYN OFFICE
NOT FOR PUBLICATION
MEMORANDUM & ORDER
12-CV-1538 (CBA)

PAUL W. BROWN,
Plaintiff,
-againstGUARDSMARK, LLC.,
Defendant.

___________________________________x
AMON, Chief United States District Judge:
On Apri130, 2012, the Court issued an order explaining that the Eastern District of New
York does not appear to be a proper venue for this action under Title VII's special venue
provision, 42 U.S.C. § 2000e-5(t)(3). The Court directed the plaintiff to show cause why this
action should not be transferred to the Eastern District of Virginia. The Court has received the
plaintiff s response, which states only that the plaintiff believes he will not receive fair treatment
in Virginia. This does not provide a statutory basis for venue in the Eastern District of New
York. See Ramos de Almeida v. Powell, 2002 WL 31834457, at *2 (S.D.N.Y. 2002) ("Because
Title VII's specific venue provisions limit venue to judicial districts that have a connection with
the alleged discrimination, plaintiff cannot simply prevail by pointing to the fact that she is a
New York resident.").
Venue is not proper in this district under Title VII. 42 U.S.C. § 2000e-5(t)(3).
Accordingly, this action is transferred to the United States District Court for the Eastern District
of Virginia. 28 U.S.C. § 1406(a) ("The district court ofa 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."). The Court certifies
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pursuant to 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 purpose of an appeal. Coppedge v.
United States, 369 U.S. 438, 444-45 (1962).

SO ORDERED.

/S/

Dated: Brooklyn, New York
May I~' 2012

Carol Bagley AmonD
J
United States District Judge

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