OJO v. WE PEBBLE POINT, LLC
1:23-cv-02003
S.D. Ind.Oct 24, 2023Background:
- Plaintiff Jibola Ojo, proceeding pro se and residing in Brooklyn, NY, sued under 42 U.S.C. § 1983 related to his eviction in Indianapolis, Indiana.
- Defendants named include WE Pebble Point, LLC d/b/a Pebble Point Apartments (his former landlord) and the Marion County Small Claims Court in Indianapolis.
- Ojo alleges denial of due process and discrimination based on skin color and country of birth arising from Marion County proceedings.
- Ojo filed the complaint in the Southern District of New York (form caption referenced the Eastern District of New York), but the alleged events and defendants are located in Indianapolis (Marion County).
- The Court found venue improper in SDNY under 28 U.S.C. § 1391(b) and, applying 28 U.S.C. § 1406(a), transferred the case to the U.S. District Court for the Southern District of Indiana.
- The SDNY Clerk was directed to transfer the action; no summons will issue from SDNY; the transferee court will decide whether Ojo may proceed without prepayment of fees. The court certified any appeal would not be taken in good faith and denied IFP status for appeal.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper venue | Ojo filed in SDNY; asserts defendants can be found in Indianapolis and alleges §1983 claims arising from eviction | Events, defendants, and relevant property are in Indianapolis (Marion County), not SDNY | Venue is not proper in SDNY under 28 U.S.C. § 1391(b)(1)/(2) |
| Transfer vs. dismissal for wrong venue | Ojo seeks to have claims heard (filed complaint in SDNY) | Case could be heard in the district where events occurred; transfer is appropriate in the interest of justice | Court transfers the case to the Southern District of Indiana under 28 U.S.C. § 1406(a) |
| In forma pauperis / appeal status | Ojo's ability to proceed without prepayment of fees to be determined | Court may certify appeal frivolous and deny IFP for appeal | Transferee will decide IFP for district proceedings; SDNY certifies appeal not taken in good faith and denies IFP for appeal (citing Coppedge) |
Key Cases Cited
- Coppedge v. United States, 369 U.S. 438 (1962) (standard for certifying an appeal as not taken in good faith and denying in forma pauperis status on appeal)