Ojo v. Decker
- Laura Swain
- 1:20-cv-03221-LTS
- U.S. District Court · Southern District of New York
- 2
In Ojo v. Decker, Judge Swain gave Ojo 30 days to file a second amended complaint describing any immigration-related claims arising in this District.
Olukayode David Ojo, the plaintiff, received permission to file a second amended complaint; the order also concerns defendants including Thomas Decker, but it does not decide any claim against them.
What happened
Ojo v. Decker began when Olukayode David Ojo brought claims about events at the Elizabeth Detention Center. The case was transferred to the District of New Jersey, where Ojo filed an amended pleading with six unrelated claims. That court sent the claims concerning Ojo’s immigration proceedings to the Southern District of New York.
Ojo later provided a non-custodial address, showing that he was no longer detained at Orange County Jail. Because it was unclear whether his immigration-related claims were still pending, the court allowed him to provide more information about any claims that arose in this District.
Judge Laura Taylor Swain granted Ojo 30 days to file a second amended complaint. The order did not decide the merits of any immigration-related claim and directed the Clerk of Court to mail Ojo a copy of the order and record service on the docket.
The detailed version
- Ojo v. Decker · No. 1:20-cv-03221-LTS
- Laura Swain
- June 15, 2021
Background
Olukayode David Ojo initiated the action in the Southern District of New York under Bivens v. Six Unknown Named Federal Narcotics Agents, concerning events at the Elizabeth Detention Center in Elizabeth, New Jersey. On April 28, 2020, Judge Colleen McMahon transferred the action to the District of New Jersey after determining that it was the proper venue.
After the District of New Jersey opened a new civil action, Ojo filed an amended pleading asserting six different, unrelated claims. That court determined that one claim arose in the Southern District of New York—claims related to Ojo’s immigration proceedings—and found that this District was the proper venue because Ojo had been transferred to the Orange County Jail.
Court’s Action
On June 3, 2021, Ojo filed a consent to electronic service and supplied a non-custodial address, indicating that he was no longer detained at the Orange County Jail. The court stated that it was therefore unclear whether Ojo’s immigration-related claims were pending.
The court granted Ojo 30 days’ leave to file a second amended complaint detailing any claims concerning his immigration proceedings that arose in the Southern District of New York. The order did not resolve the merits of those claims. It also directed the Clerk of Court to mail Ojo a copy of the order and note service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.