United States District Court, S.D. New York
June 8, 2005.
JOHN T. CHASE, Plaintiff,
FAMILY COURT JUDGE PAUL CZAJKA, et al., Defendants.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
On March 23, 2005, Chief Magistrate Judge Peck rendered a
report and recommendation recommending that the complaint in this
action be dismissed in its entirety under the Rooker-Feldman
doctrine. One week later, the Supreme Court sharply limited the
scope of that doctrine in Exxon Mobil Corp. v. Saudi Basic
Industries Corp., 125 S.Ct. 1517 (2005). The Court therefore
remanded the motion to Judge Peck for reconsideration in light of
Exxon Mobil. Judge Peck now has rendered a new report and
recommendation, again recommending dismissal or, alternatively,
transfer to the Northern District of New York on the ground of
improper venue. Plaintiff has objected to dismissal but consents
to transfer of the action to the Northern District.
As Judge Peck plainly is correct that venue is improper in this
district, and given plaintiff's consent to transfer, this action
is hereby transferred to the Northern District of New York. This
ruling is without prejudice to the defendants' motion to dismiss
and to plaintiff's objections to Judge Peck's reports and
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