Juste v. Embassy of Haiti et al

Filing 5

ORDER OF DISMISSAL (Illston, Susan) (Filed on 4/4/2017) (Additional attachment(s) added on 4/4/2017: # 1 Certificate/Proof of Service) (tfS, COURT STAFF).

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ANDRE JUSTE, Plaintiff, 8 9 10 United States District Court Northern District of California 11 Case No. 17-cv-00652-SI ORDER OF DISMISSAL v. Re: Dkt. Nos. 1, 4 EMBASSY OF HAITI, et al., Defendants. 12 13 Plaintiff, a detainee at the Buffalo Federal Detention Facility in Batavia, New York, filed 14 this civil action asserting claims based on events and omissions apparently occurring in New 15 York, Washington, D.C., and perhaps West Virginia. The listed defendants are located in New 16 York, Washington, D.C., and West Virginia. None of the events or omissions giving rise to the 17 complaint occurred in the Northern District of California, and no defendant is alleged to reside in 18 the Northern District of California. 19 A civil action may be brought in “(1) a judicial district in which any defendant resides, if 20 all defendants are residents of the State in which the district is located; (2) a judicial district in 21 which a substantial part of the events or omissions giving rise to the claim occurred, or a 22 substantial part of property that is the subject of the action is situated; or (3) if there is no district 23 in which an action may otherwise be brought as provided in this section, any judicial district in 24 which any defendant is subject to the court's personal jurisdiction with respect to such action.” 28 25 U.S.C. § 1391(a). When an action is filed in the wrong venue, the district court “shall dismiss, or 26 if it be in the interest of justice, transfer such case to any district or division in which it could have 27 been brought.” 28 U.S.C. § 1406(a). 28 1 The Northern District of California is not the proper venue for this action. See 28 U.S.C. 2 § 1391(a). Transfer of this action is not in the interest of justice; plaintiff has filed over seventy 3 cases in the last four years in numerous federal districts, and is aware of the venue requirements. 4 See, e.g., Docket No. 3 in Juste v. McDonald Restaurant Corp., D.D.C. Case No. 15-cv-0054- 5 GMG-RWT (transfer order); Docket No. 13 in Juste v. Lynch, W.D.N.Y. Case No. 16-433-LJV- 6 JJM (Juste’s motion for transfer of venue). 7 For the foregoing reasons, and pursuant to 28 U.S.C. § 1406(a), this action is DISMISSED 8 because it was filed in the wrong judicial district. The dismissal is without prejudice to plaintiff 9 filing an action asserting his claims in the proper venue. Plaintiff’s in forma pauperis application is GRANTED. (Docket No. 4.) 11 United States District Court Northern District of California 10 The clerk shall close the file. 12 IT IS SO ORDERED. 13 14 15 Dated: April 4, 2017 ______________________________________ SUSAN ILLSTON United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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