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