Sanders v. Fort Wayne Police Department et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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GERALD SANDERS,
Plaintiff, 	MEMORANDUM & ORDER
25-CV-6168(EK)(JRC)
-against-
FORT WAYNE POLICE DEPARTMENT,
et al.,
Defendants.
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ERIC KOMITEE, United States District Judge:
Plaintiff Gerald Sanders, a resident of Indiana, filed
this action against a number of defendants, all of whom are
located in Indiana. 	Compl., ECF No. 1. 	The action was filed on
a template civil complaint form that the United States District
Court for the Northern District of Indiana provides for filing
claims in that district. 	Id. 	Because venue is improper in this
district, this action is hereby transferred to the United States
District Court for the Northern District of Indiana.
An action may be brought in the “judicial district in
which any defendant resides” or “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.” 	28 U.S.C. § 1391(b)(1)-(2). 	If a plaintiff files
an action in the wrong district, a court “shall dismiss, or if
it be in the interest of justice, transfer such case to any
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district or division in which it could have been brought.”
28 U.S.C. § 1406(a). 	A transfer may be made upon motion or by a
court sua sponte. 	Pisani v. Diener, No. 07-CV-5118, 2009 WL
749893, at *8 (E.D.N.Y. Mar. 17, 2009) (collecting cases).1
Here, Plaintiff does not allege that any of the Defendants are
located in this district or that any relevant events occurred
here. 	See Compl.
The Court offers no opinion on the merits of Sanders’
complaint, though we note that he did not pay the filing fee or
include a request to proceed in forma pauperis. 	Pursuant to
Section 1915(a)(3), any appeal from this Order would not be
taken in good faith and thus in forma pauperis status is denied
for the purpose of an appeal. 	28 U.S.C. § 1915(a)(3); Coppedge
v. United States, 369 U.S. 438, 444-45 (1962 ).
For the foregoing reasons, the Clerk of Court is
hereby directed to transfer this action to the United States
District Court for the Northern District of Indiana.
28 U.S.C. § 1406(a). 	The provision of Rule 83.1 of the Local
Rules of the Eastern District of New York, requiring a seven-day
delay, is waived. 	No summons shall issue from this Court.
SO ORDERED.
1 Unless otherwise noted, when quoting judicial decisions this order
accepts all alterations and omits all citations, footnotes, and internal
quotation marks.
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/s/ Eric Komitee__________
ERIC KOMITEE
United States District Judge
Dated: 	December 6, 2025
Brooklyn, New York
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