D. George Sweigert v. Drug Enforcement Administration, New York State Education Dept.

Summary

The United States District Court for the Southern District of New York transferred a pro se action asserting claims under the Freedom of Information Act and New York’s Freedom of Information Law to the Eastern District of Virginia under 28 U.S.C. § 1406. The court concluded that venue was not adequately alleged in the Southern District of New York and that the Eastern District of Virginia was an appropriate venue because the Drug Enforcement Administration’s records were situated there.

Holdings

1. The Southern District of New York was not shown to be a proper venue for Plaintiff's FOIA claim because Plaintiff alleged that he resided in South Dakota, did not plausibly establish a place of business in the district, and did not plead that the requested records were situated there.
2. When a case is filed in the wrong venue, the court may dismiss or, in the interest of justice, transfer it to a district where it could have been brought; transfer to the Eastern District of Virginia was appropriate because the DEA's records were situated there.
3. The transferee court will determine whether to exercise supplemental jurisdiction over Plaintiff's claims against NYSED under New York FOIL.

Questions Presented

1. Whether venue was proper in the Southern District of New York for Plaintiff's FOIA claim.
2. Whether the action should be dismissed or transferred under 28 U.S.C. § 1406 because it was filed in an improper venue.
3. Whether the transferee court should determine whether to exercise supplemental jurisdiction over the New York FOIL claims.

Disposition

other