Malave v. Price, 1:24-cv-03539

Plaintiff Rafaela A. Malave, acting pro se, alleges that her rights were violated when her home in Sunnyside, Queens County, NY, was searched by Detective Price, based on an allegedly unlawful order from Judge Schwartz.
The incident that gave rise to the complaint occurred in Queens County, which is in the Eastern District of New York.
Malave filed her complaint in the Southern District of New York, though she resides in Queens County, and the defendants are also not alleged to reside in the Southern District.
The court reviewed the statutory requirements for determining proper venue under 28 U.S.C. § 1391.
The court considered whether the convenience of parties and witnesses, as well as the location of the operative facts, supported transferring the case under 28 U.S.C. § 1404(a).
The Court ordered the case transferred to the Eastern District of New York and denied in forma pauperis status for any appeal from this order.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Southern District is proper venue	Venue proper where suit was filed	Not specified	Venue not proper; events and parties are all in EDNY
Whether case should be transferred	No explicit argument against transfer	Not specified	Case should be transferred for convenience and justice
Whether a summons should issue	Not addressed	Not addressed	No summons to issue from this court
In forma pauperis status for appeal	Implied right to appeal	Not addressed	Denied for appeal; not taken in good faith

N.Y. Marine and Gen. Ins. Co. v. LaFarge No. Am., Inc., 599 F.3d 102 (2d Cir. 2010) (district court should weigh multiple factors when considering venue transfer)
Coppedge v. United States, 369 U.S. 438 (1962) (standard for granting in forma pauperis status to appeal)