Sun v. New York City Police Department

Background

The court reviewed Yi Sun’s “Verified Petition,” “Notice of Removal to Consolidate and Review,” and letter asking the court to grant her request to “Remove and Consolidate.” The filings were docket entries 104 through 106.

Sun asked for review of the facts underlying her case by the Department of Justice, the Federal Bureau of Investigation, or the Senate Judiciary Committee, or for a special investigation by those entities. She also asked the Department of Justice to initiate a criminal action. The court stated that these requests were improperly directed to it and that it could not grant them. The court noted that Sun could direct applications or communications to those other government entities.

Transfer Request

The court interpreted Sun’s request to remove her pending cases in the district to “the Courts in Washington D.C.” as a request to transfer venue under 28 U.S.C. § 1404(a). It stated that it had previously denied the same request for lack of a proper legal or factual basis in orders dated August 14, August 23, and September 4, 2019. The court denied the request again.

Appeal and Disposition

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied fee-free status for purposes of an appeal. The order resolved docket entry number 80. It did not decide the underlying merits of Sun’s case.

Classification Basis

This is a procedural order because it addressed requests for investigation, transfer of venue, and fee-free appeal status without deciding the underlying legal claims.