Sun v. Saslovsky, Esq.
- Laura Swain
- 1:19-cv-10858
- U.S. District Court · Southern District of New York
- 2
In Sun v. Saslovsky, Judge Swain rejected investigation requests, denied venue transfer, and denied appeal fee-waiver status.
Yi Sun, whose requests for agency or congressional review, a criminal investigation, transfer of venue, and permission to appeal without prepaying court fees were addressed by the order.
What happened
In Sun v. Saslovsky, Yi Sun asked the court to have federal agencies and the Senate Judiciary Committee review or investigate the facts of her case, and asked the Department of Justice to start a criminal case. She also asked to move her pending cases to courts in Washington, D.C.
The court said the investigation and criminal-action requests were directed to the wrong court and that it could not grant them. It treated the request to move the cases as a request to transfer the venue, or location, of the case, and denied that request because it lacked a proper legal or factual basis.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied Yi Sun permission to appeal without paying court fees. The order resolved docket entry 80.
The detailed version
- Sun v. Saslovsky, Esq. · No. 1:19-cv-10858
- Laura Swain
- June 22, 2020
Background
The court reviewed Yi Sun’s “Verified Petition,” “Notice of Removal to Consolidate and Review,” and letter requesting that the court “Remove and Consolidate” her pending cases. The requests included review or investigation by the Department of Justice, the Federal Bureau of Investigation, or the Senate Judiciary Committee, as well as a request that the Department of Justice initiate a criminal action.
Sun also asked to remove her pending cases in the district to “the Courts in Washington D.C.” The court construed that request as a motion to transfer venue under 28 U.S.C. § 1404(a), which concerns moving a case to another federal district.
Court’s Rulings
The court held that requests for review or investigation by the Department of Justice, the Federal Bureau of Investigation, or the Senate Judiciary Committee were improperly directed to the court and that the court could not grant them. It likewise held that the request for the Department of Justice to initiate a criminal action was improperly directed to the court.
The court denied the venue-transfer request on the same basis that it had previously denied such a request in a related matter: Sun had provided no proper legal or factual basis. The opinion identifies the related matter as No. 18-CIV-11002 and cites three earlier orders in that matter.
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 permission to appeal without prepaying court fees. The order resolved docket entry 80.
Disposition
The court could not grant the requests for agency or congressional review, investigation, or initiation of a criminal action; denied the request to transfer venue; and denied permission to appeal without prepaying court fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.