Williams v. T-Mobile

Background

Clifton C. Williams, who is representing himself, brought this action against T-Mobile and Metro PCS. He alleges that the defendants permitted a data breach that affected his personal information and failed to notify him about the breach.

The alleged events occurred in Louisville, Kentucky, and more recently in Clarksville, Indiana. Williams did not allege that any events underlying his claim occurred in the Southern District of New York.

Transfer decision

In an earlier order, the court explained that it was considering transferring the case to the Southern District of Indiana, which includes Clarksville, under 28 U.S.C. § 1406. The court gave Williams 30 days to explain why the case should not be transferred and stated that it would transfer the case if he did not respond. Williams did not respond.

The court therefore directed the Clerk to transfer the action to the United States District Court for the Southern District of Indiana. The order did not decide whether Williams's allegations against the defendants have merit. The transferee court will decide whether Williams may proceed without paying filing fees. No summons will issue from the Southern District of New York, and the order closes the case in that court.

Appeal-related ruling

The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-free status for an appeal.