Automated Summary
Key Facts
Plaintiff Cedric Greene filed a lawsuit against Next Door Medical Network, Inc., a Los Angeles-based community health center, alleging the defendant submitted a podiatry referral on a later date than claimed. The Court granted Plaintiff's application to proceed without prepaying fees due to inability to pay under 28 U.S.C. § 1915(a)(1). However, the Court dismissed the case for improper venue under 28 U.S.C. §§ 1391(b), 1406(a) because the defendant and events complained of occurred in California, not in the Eastern District of Missouri. The Court noted Plaintiff has filed approximately 40 cases in this Court since March 5, 2025, with at least 34 previously dismissed for lack of subject matter jurisdiction or improper venue.
Issues
- The Court considers Plaintiff's application to proceed in district court without prepaying fees or costs based on financial information provided in the application and finds Plaintiff is unable to pay the filing fee, granting the application and waiving the filing fee under 28 U.S.C. § 1915(a)(1).
- The Court finds that venue is not proper in this Court as Defendant is located in California and events complained of occurred in California. Under 28 U.S.C. § 1391(b), venue is proper only in California. Pursuant to 28 U.S.C. § 1406(a), the Court dismisses the action for improper venue rather than transferring it due to Plaintiff's history of vexatious litigation.
Holdings
- The Court dismisses this case for improper venue because venue is proper only in California where the defendant is located and events occurred, and transfer is not in the interest of justice due to Plaintiff's history of vexatious litigation.
- The Court grants Plaintiff's application to proceed in district court without prepaying fees or costs based on the finding that Plaintiff is unable to pay the filing fee.
Remedies
- Case dismissed for lack of proper venue under 28 U.S.C. §§ 1391, 1406(a)
- Court granted Plaintiff's application to proceed in district court without prepaying filing fees or costs
Legal Principles
The Court granted the Plaintiff's application to proceed in forma pauperis without prepaying filing fees under 28 U.S.C. § 1915(a)(1) after finding the Plaintiff unable to pay. The Court dismissed the action for improper venue under 28 U.S.C. §§ 1391(b), 1406(a) because the Defendant resides in California and all events occurred in California, making venue proper only in California. The Court declined to transfer the case given the Plaintiff's history of vexatious litigation.
Precedent Name
- Greene v. U.S.
- Greene v. Sprint Nextel Corp.
Cited Statute
- Venue determination provision establishing proper judicial districts
- In forma pauperis provision allowing fee waiver for indigent plaintiffs
- Improper venue transfer or dismissal provision
Judge Name
Audrey G. Fleissig, United States District Judge
Passage Text
- Under 28 U.S.C. § 1406(a), when a case is filed in a district where venue is not proper, the District Court can either dismiss the action, or if it is in the interest of justice, the Court can transfer the case to any district in which it could have been brought. Because of Plaintiff's history of vexatious litigation, the Court finds it is not in the interest of justice to transfer this case. The Court will dismiss this case for improper venue.
- IT IS HEREBY ORDERED that Plaintiff's application to proceed in district court without prepaying fees or costs is GRANTED. IT IS FURTHER ORDERED that this action is DISMISSED for lack of proper venue. See 28 U.S.C. §§ 1391, 1406(a).
- Plaintiff has not established that venue is proper in this Court. Defendant is located in California and the events complained of occurred in California. Pursuant to 28 U.S.C. § 1391(b), a civil action may be brought in: (1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located; (2) a judicial district 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; or (3) if there is no district in which an action may otherwise be brought, any judicial district in which any defendant is subject to the Court's personal jurisdiction. Under these venue provisions, venue is proper only in California.