Opinion

Doe

Court
District Court, C.D. California
Filed
Aug 1, 2023
Cited by
0 cases
Authority
More cited than 41.6%

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

JUAN CHAVEZ,

Plaintiff,

23-CV-5123 (LTS)

-against-

TRANSFER ORDER

DOE; MARIAN BROWN; BOBBY

LUMPKIN; L.A. MUNI COURT,

Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge:

Plaintiff, who is currently incarcerated at Twin Towers Correctional Facility in Los

Angeles, California, brings this action pro se. He sues the Los Angeles Municipal Court, two

named individuals (Marian Brown and Bobby Lumpkin) and an unidentified “Doe” defendant.

The allegations set forth in the complaint concern conduct that occurred in Los Angeles,

California. In fact, the complaint is a near duplicate of an action Plaintiff filed in this court on

June 14, 2023. See Chavez v. Doe, ECF 1:23-CV-5030, 1 (S.D.N.Y. June 22, 2023) (“Chavez I”).

The Court transferred Chavez I, under 28 U.S.C. § 1404(a), to the United States District Court

for the Central District of California. Id. (Doc. No. 3.)

For the reasons articulated in the Court’s June 22, 2023, order in Chavez I, transferring

that action to the Central District of California, the Court transfers this action to the United States

District Court for the Central District of California.

CONCLUSION

The Clerk of Court is directed to transfer this action to the United States District Court

for the Central District of California, Western Division. 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 the case in the Southern District of

New York.

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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).

SO ORDERED.

Dated: August 1, 2023

New York, New York

/s/ Laura Taylor Swain

LAURA TAYLOR SWAIN

Chief United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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