Moslem v. Michael Macklowitz, Esq.

Background

Mehdi Moslem filed a complaint while incarcerated and proceeded without a lawyer. He brought the action under diversity jurisdiction and sought $50,000,000 in damages from Michael Macklowitz, Esq.; Seth Ginsberg, Esq.; Dante Demartino; and Drew Smith. Moslem alleged that he was a citizen of Pennsylvania, that at least three defendants were citizens of New York, and that a substantial part of the events supporting his claims occurred in Queens County, New York.

Venue Analysis

Venue rules identify the federal district where a civil action may be brought. The court explained that venue may be proper where a defendant resides, where a substantial part of the events occurred, or, in some circumstances, where a defendant is subject to the court’s personal jurisdiction.

The court concluded that Moslem had not alleged enough facts to show that the Southern District of New York was proper under the rule based on defendants’ residence. Demartino and Smith were alleged to reside in Great Neck, Nassau County, which is in the Eastern District of New York. Macklowitz’s alleged residence was unspecified, and Moslem did not specify Ginsberg’s residence. The court also found that Moslem had not alleged that a substantial part of the events occurred in the Southern District of New York.

Moslem did allege that a substantial part of the events occurred in Queens County. Because Queens County is in the Eastern District of New York, the court found that the Eastern District was a proper venue under the rule based on where the events occurred.

Disposition

Under 28 U.S.C. § 1406(a), when a case is filed in the wrong venue, the court may transfer it to a district where it could have been brought if transfer serves the interests of justice. The court directed the Clerk of Court to transfer this action to the United States District Court for the Eastern District of New York. It did not decide the underlying claims. The order states that the transferee court will decide whether Moslem may proceed without prepaying fees; summonses would not issue from the Southern District of New York; and the action was closed in that court.

Judge Laura Taylor Swain also certified that any appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.