Thomas v. Thomas
2:25-cv-15881
D.N.J.Sep 19, 2025Background
- Plaintiff, pro se, resides in Newark, New Jersey, and sues two attorneys concerning the sale of her Newark home.
- Plaintiff seeks preliminary injunctive relief to stop the house sale.
- Defendants are Cusaj D. Thomas, an attorney in Massachusetts, and Evans C. Anyanwu, who works in Newark, NJ.
- The court concludes venue is improper under 28 U.S.C. § 1391(b) and (c) based on where defendants reside and where events occurred.
- This court transfers the action to the District of New Jersey under 28 U.S.C. § 1406(a); summons will not issue here and the case is closed here.
- Because Plaintiff seeks injunctive relief, the transfer is to be effected immediately and the transferee court will adjudicate the motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is venue proper in SDNY under §1391? | Thomas argues the action should proceed in SDNY since her home is in NJ and defendants' activities affect NJ property. | Defendants contend not all defendants reside in SDNY and events occurred outside SDNY, so venue is improper. | Venue improper; transfer appropriate. |
| Should the case be transferred under §1406(a) to the District of New Jersey? | Plaintiff does not prevail on forum choice; seeks to halt sale of property in NJ. | Transfer to District of New Jersey is proper because NJ is the location of the subject property and events. | Transfers to District of New Jersey granted. |
| Does the transfer affect Plaintiff's motion for preliminary injunctive relief? | Court should resolve or maintain status on injunctive relief here. | Transfer to transferee court will handle the motion; this court will not decide it. | Decision on injunctive relief left to transferee court. |
Key Cases Cited
- Coppedge v. United States, 369 U.S. 438 (U.S. 1962) (appeal in forma pauperis not routinely allowed; good-faith standard for appeals)
