Robinson v. New York State Court Division
- Laura Swain
- 1:23-cv-01849
- U.S. District Court · Southern District of New York
- 4
Robinson v. New York State Appellate Division, Second Department was transferred to Brooklyn’s federal court; Judge Swain cited venue and convenience.
Valdissa Robinson and her minor child, whose lawsuit was transferred from the Southern District of New York to the Eastern District of New York; the transferee court will decide whether Robinson may proceed without prepaying fees.
What happened
In Valdissa Robinson v. New York State Court Appellate Division Secondary Judicial, Robinson brought a lawsuit without a lawyer concerning an appeal from a Kings County Family Court child abuse and neglect matter. The court did not decide whether her rights were violated.
The court transferred the case from the Southern District of New York to the Eastern District of New York because the alleged events occurred in Brooklyn, where relevant witnesses and documents were reasonably expected to be located. The court also noted that a parent who is not a licensed attorney generally cannot represent a child in federal court without a lawyer.
Judge Laura Taylor Swain directed the Clerk to transfer the case and closed the Southern District case. She also denied permission to appeal without prepaying fees, concluding that an appeal would not be taken in good faith.
The detailed version
- Robinson v. New York State Court Division · No. 1:23-cv-01849
- Laura Swain
- Mar. 9, 2023
Background
Valdissa Robinson brought this lawsuit without a lawyer on behalf of herself and her minor child. She alleged that the New York State Appellate Division, Second Department, violated her rights in connection with an appeal from a child abuse and neglect matter in Kings County Family Court. The opinion states that the Clerk’s Office restricted electronic access to the complaint because it included the child’s full name, contrary to a federal privacy rule.
The court also stated that a parent who is not admitted to practice law generally cannot bring a federal action without a lawyer on behalf of the parent’s child. The opinion does not state that the court decided whether Robinson’s underlying claims were legally valid.
Venue and Transfer
Federal venue rules identify where a civil action may be filed. The court could not determine whether venue was proper in the Southern District under the rule concerning the defendants’ residence because Robinson did not plead the residence of the individual defendants. The court concluded that venue could be proper in the Eastern District because Robinson alleged that the events giving rise to the claims occurred in Brooklyn, in Kings County, which is within that district.
Even if venue was proper in the Southern District, the court could transfer the action under 28 U.S.C. § 1404(a) for the convenience of the parties and witnesses and in the interest of justice. The court determined that transfer was appropriate because the underlying events occurred in Brooklyn and relevant documents and witnesses were reasonably expected to be there. It therefore transferred the action to the United States District Court for the Eastern District of New York.
Disposition
Judge Laura Taylor Swain directed the Clerk to transfer the action to the Eastern District of New York and stated that the order closed the Southern District case. The court did not issue a summons. It left the question of whether Robinson could proceed without prepaying filing fees to the transferee court. The court certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The opinion does not resolve the merits of Robinson’s allegations.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.