Sleezer v. Gloversville Police Department

1:26-cv-01086Nynd19 mai 2026

Texte intégral

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
-------------------------------------------------------------X
ERIC S. SLEEZER,
Plaintiff,
TRANSFER ORDER
-against- 	26-CV-2822 (LDH) (JRC)
GLOVERSVILLE POLICE DEPARTMENT,
Defendant.
-------------------------------------------------------------X
JAMES R. CHO, United States Magistrate Judge:
On May 12, 2026, pro se Plaintiff Eric Sleezer, currently incarcerated at Marcy
Correctional Facility in Marcy, New York, filed this civil rights action pursuant to 42 U.S.C.
§ 1983 against the Gloversville Police Department (“Defendant”). The Complaint seeks
injunctive relief as well as compensatory damages concerning Defendant’s alleged “chronic
failure to protect [Plaintiff’s son and] to commit [him] for a mental health evaluation” following
multiple incidents, the latest occurring on April 29, 2026, in Gloversville, New York. (ECF No.
1 at 4-5.) Plaintiff also filed a motion to proceed in forma pauperis. (ECF No. 3.) For the reasons
discussed below, the Court transfers this action to the United States District Court for the
Northern District of New York.
A civil action must be filed in the judicial district in which any defendant resides or
where a substantial part of the events or omissions giving rise to the claim occurred or where a
substantial part of property that is the subject of the action is situated. See 28 U.S.C. § 1391(b).
To the extent that Plaintiff asserts that Defendant “fail[ed] to protect [his son]” after being called
to 17 Mill Street in Gloversville, New York, this claim must be brought in the district where the
injuries occurred. Since Plaintiff alleges that these incidents occurred in Gloversville, New York,
Case 1:26-cv-01086-AMN-DJS Document 5 Filed 05/19/26 Page 1 of 2
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which is in Fulton County, these claims are transferred to the United States District Court for the
Northern District of New York. See 28 U.S.C. § 1406(a) (district court may transfer case filed in
the wrong district to any district in which it could have been brought); 28 U.S.C. § 112(b)
(Fulton County is part of the Northern District.)
Decision on Plaintiff’s application to proceed in forma pauperis is reserved for the
transferee court. This Court offers no opinion on the merits of the claim. That provision of Rule
83.1 of the Local Rules of the Eastern District of New York which requires a seven-day delay is
waived. No summons shall issue from this Court.
The Clerk of Court is requested to mail a copy of this Order to Plaintiff and note the
mailing on the docket.
SO ORDERED.
s/ James R. Cho_______________
Dated: Brooklyn, New York 	James R. Cho
May 19, 2026 	United States Magistrate Judge
Case 1:26-cv-01086-AMN-DJS Document 5 Filed 05/19/26 Page 2 of 2

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