Malave v. Schwartz

Background

Rafaela Malave filed a pro se judicial-misconduct complaint against Justice Robert Allan Schwartz, a state-court judge in Nassau County, New York. The complaint concerned an action involving Malave’s husband. The Clerk’s Office opened the submission as a new civil action.

Venue Analysis

The court discussed 28 U.S.C. § 1391(b), which identifies the federal districts where a civil action may be filed. Malave alleged that the events supporting her claims occurred in Nassau County, which is in the Eastern District of New York. She did not allege where Schwartz resides, so the court could not determine whether venue was proper under the provision concerning a defendant’s residence.

The court explained that even if venue were proper in the Southern District because Schwartz lived there, venue would also be proper in the Eastern District because the relevant events occurred in Nassau County. Under 28 U.S.C. § 1404(a), a court may transfer a case to another district where it could have been brought when transfer would promote the convenience of the parties and witnesses and the interests of justice.

Ruling

The court concluded that transfer appeared appropriate. Malave resided in Queens County, outside the Southern District. The underlying events occurred in Nassau County, where Schwartz was employed, and the court considered it reasonable to expect that relevant documents and witnesses would be located there. The court therefore transferred the action to the United States District Court for the Eastern District of New York.

The Clerk was directed to transfer the action, and the Southern District case was closed. The court stated that the transferee court would decide whether Malave could proceed without prepaying fees. No summons would issue from the Southern District. The court also certified that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.