Legal Opinion
Schwarz v. Internal Revenue Service
District Court, N.D. New York
Decided March 16, 1998No. 5:98-cv-00286PublishedCited by 13 opinions
1Opinion of the Court
DECISION and ORDER
SCULLIN, District'Judge.
I. Background
Presently before the Court is an action filed by Barbara Schwarz (“plaintiff” or “Schwarz”) pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, together with an application to proceed in for-ma pauperis. Docket nos. 1 and 2.
For the reasons stated below, plaintiffs complaint is dismissed on the basis of improper venue under 28 U.S.C. §§ 1406(a) and 1391(e), as well as pursuant to 28 U.S.C. § 1915(e)(2)(B) and Rule 5.4(a) of the Local Rules of Practice of this District as frivolous and without an arguable basis of law.
II.…
2Cases cited4 opinions
- Hartke v. Federal Aviation AdministrationDistrict Court, E.D. New York · 1973
- Reuben H. Donnelley Corp. v. Federal Trade CommissionCourt of Appeals for the Seventh Circuit · 1978
- Bigio v. United StatesDistrict Court, S.D. Florida · 1988
- Davies Precision MacHining, Inc. v. Defense Logistics AgencyDistrict Court, E.D. Pennsylvania · 1993
3Cited by13 opinions
- Caremark Therapeutic Services v. LeavittDistrict Court, S.D. New York · 2006
- Peck v. MerlettiDistrict Court, E.D. Virginia · 1999
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- Hines v. Leah Arihess FamilyDistrict Court, D. Connecticut · 2024
- Jhon Alexander Castrellon Arias v. Joseph B. Edlow, in his official capacity as Director of United States Citizenship and Immigration ServicesDistrict Court, D. Vermont · 2026
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