Cohen v. United States, No. 23-8099, 2023 WL 8188424 (S.D.N.Y. Nov. 27, 2023) (Swain, C.J.)

Cohen v. United States, No. 23-8099, 2023 WL 8188424 (S.D.N.Y. Nov. 27, 2023) (Swain, C.J.)

Re:  Requests for records concerning plaintiff

Disposition:  Transferring plaintiff’s FOIA claims to the District Court for the District of Columbia

• Litigation Considerations, Venue:  “The Court concludes that venue for Plaintiff’s FOIA claims is proper in the District of Columbia.”  “First, because Plaintiff’s pre-incarceration domicile is unknown at this stage, the Court cannot determine where Plaintiff resides for the purposes of venue.”  “Second, the Court cannot determine where the agency records Plaintiff seeks are situated; Plaintiff seeks several different types of BOP documents, including documents produced in connection with his incarceration at [an institution located in West Virginia], internal BOP documents, and documents regarding his correspondence with ‘any employee within the Mid-Atlantic Region,’ which presumably includes correspondence with [one] Defendant . . . .”  “Moreover, his attachments to his complaint indicate that Plaintiff corresponded with the BOP’s Central Office, located in Washington D.C. . . . .”  “The Court therefore concludes that the District of Columbia is the proper venue for Plaintiff’s FOIA claims and transfers these claims . . . to the District of Columbia.”