Jean-Baptiste v. DOJ, No. 22-8937, 2022 U.S. Dist. LEXIS 196643 (S.D.N.Y. Oct. 27, 2022) (Swain, J.)

Jean-Baptiste v. DOJ, No. 22-8937, 2022 U.S. Dist. LEXIS 196643 (S.D.N.Y. Oct. 27, 2022) (Swain, J.)

Re:  Request for certain records concerning plaintiff

Disposition:  Transferring case to Eastern District of New York

• Litigation Considerations, Venue:  The court finds that “Plaintiff may . . . be attempting to assert claims under FOIA regarding FOIA requests he sent to the FBI, DOJ, and Department of Homeland Security in March 2020.”  “A claim under FOIA may be brought ‘in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia.’”  “Venue for Plaintiff’s FOIA claims would therefore be proper in the District of Columbia, where he has already brought such suits, or in the Eastern District of New York, where he resides.”  “Plaintiff’s non-FOIA claims arose in Nassau and Suffolk Counties, which are in the Eastern District of New York.”  “Venue for Plaintiff's FOIA claims is also proper in the Eastern District of New York, where Plaintiff resides.”  “Accordingly, venue lies in the Eastern District of New York . . . and in the interest of justice, the Court transfers this action to the United States District Court for the Eastern District of New York . . . .”