Opinion
No. 04 Civ. 8228 (LAK).
June 8, 2005
ORDER
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 recommendations.
SO ORDERED.