Ojo v. We Pebble Point, LLC
- Laura Swain
- 1:25-cv-03972
- U.S. District Court · Southern District of New York
- 4
In Ojo v. We Pebble Point, LLC, Judge Swain transferred the case to Indiana because venue was improper in New York.
Jibola Ojo’s case was moved from the Southern District of New York to the Southern District of Indiana. We Pebble Point, LLC remains the defendant, and the Indiana court will determine what happens next, including whether Ojo may proceed without prepaying fees.
What happened
Ojo v. We Pebble Point, LLC concerns Jibola Ojo’s claims about his eviction from an apartment in Indianapolis, Indiana. Ojo, who is representing himself, alleged that We Pebble Point, LLC violated his rights and invoked federal-question and diversity jurisdiction.
The court ruled that New York was not the proper location for the case because the relevant events and property were in Indianapolis and the defendant was located there. The court also noted that Ojo might not have received several orders in an earlier related proceeding.
Judge Swain transferred the case to the Southern District of Indiana in the interest of justice under the federal venue statute. The New York court closed the case there, did not issue a summons, left any decision about proceeding without paying filing fees to the Indiana court, and denied permission to appeal without prepaying fees.
The detailed version
- Ojo v. We Pebble Point, LLC · No. 1:25-cv-03972
- Laura Swain
- May 16, 2025
Background
Jibola Ojo, who appeared without a lawyer, sued his former landlord, We Pebble Point, LLC, over events connected to his eviction from an apartment in Indianapolis, Indiana. Ojo’s complaint referred to civil rights, racism, theft, and sabotage, but did not identify which federal civil-rights law he invoked. He asserted federal-question and diversity jurisdiction.
The court described two prior related proceedings involving Ojo’s claims. In the earlier round, the Southern District of Indiana determined that Ojo could not bring a civil-rights claim under 42 U.S.C. § 1983 against We Pebble because it was a private actor, and that the court lacked subject-matter jurisdiction over claims against another defendant. In a later related proceeding, that court dismissed Ojo’s claims for the same reasons, allowed him to replead, and later dismissed the action after he did not amend his pleadings. The opinion also noted docket entries suggesting that Ojo did not receive several orders because court documents were returned.
Venue ruling
The court applied 28 U.S.C. § 1391, the federal venue statute. It determined from the complaint that venue was not proper in the Southern District of New York because the claims concerned events and property in Indianapolis and the defendant was located there. The court concluded that venue was proper in the Southern District of Indiana, where Marion County is located.
Under 28 U.S.C. § 1406(a), a court may transfer a case filed in the wrong venue when transferring it is in the interest of justice. Because Ojo appeared intent on pursuing the matter and might not have received several documents in the later related proceeding, the court transferred the action to the Southern District of Indiana rather than dismissing it.
Disposition
The court directed the Clerk of Court to transfer the action to the United States District Court for the Southern District of Indiana. It stated that the transferee court would decide whether Ojo could proceed without prepaying fees. The New York court directed that no summons issue and closed the case in that court. It also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the merits of Ojo’s claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.