Alhaj v. Law Office of Ehab Moustafa

Background

Nagibe Alhaj, who was representing himself, brought an action against the Law Office of Ehab Moustafa, Ehab Moustafa, Abraheem Alloa, and “Maryem Secretary.” The opinion states that Alhaj was being treated at Kirby Forensic Psychiatric Center on Wards Island. His claims appeared to be state-law claims brought under the court’s diversity jurisdiction.

The defendants were described as a Brooklyn law firm, an attorney, and people who appeared to work for the law firm. Alhaj did not allege where the defendants lived, but he alleged that all of them were located or worked in Brooklyn and that the events giving rise to his claims occurred there.

Venue and Transfer

Venue is the proper federal court location for a case. The court explained that federal law generally permits a civil action to be filed where the defendants reside, where a substantial part of the events occurred, or, in limited circumstances, where a defendant is subject to the court’s authority. Because Brooklyn is in the Eastern District of New York, the court concluded that the Eastern District appeared to be a proper venue based on where the events occurred. The opinion says it was unclear whether the Southern District of New York was a proper venue.

The court also relied on 28 U.S.C. § 1404(a), which allows a federal court to transfer a case for the convenience of the parties and witnesses and in the interest of justice. It considered that the defendants worked or were located in the Eastern District, the underlying events occurred there, and relevant documents and witnesses were likely located there.

Ruling and Disposition

Judge Colleen McMahon concluded that transferring the action to the United States District Court for the Eastern District of New York was appropriate. The court directed the Clerk of Court to transfer the action, mail the order to Alhaj, and record service on the docket. It stated that the receiving court would decide whether Alhaj could proceed without prepaying fees and whether a court should request volunteer counsel for him. A summons was not to issue from the Southern District of New York, and the order states that the case was closed there.

The court also certified that any appeal would not be taken in good faith and denied permission to appeal without prepayment of fees. The opinion does not decide the underlying merits of Alhaj’s claims.