Ramos-Hernandez v. Popular, Inc. et al.

Filing 10

ORDER of Transfer. The first amended complaint and the action are transferred to the United States District Court for the District of Puerto Rico, by Judge Lewis T. Babcock on 1/4/12. (lsw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02785-BNB
LEONARDO RAMOS-HERNANDEZ, and
ALL PERSONS SIMILARY (sic] SITUATED, and as
NEXT FRIEND OF THE VICTIMS OF THE RACKETEERING ENTERPRISE,
Plaintiff,
v.
POPLAR, INC., a corporation, a/k/a
POPULAR WAREHOUSE LENDING, LLC, a/k/a
POPULAR MORTGAGE SERVICING, INC., a/k/a
POPULAR EQUIPMENT FINANCE, INC., a/k/a
POPULAR FINANCIAL SERVICES, LLC,
WILLIAM MIRANDA-TORRES, individually and in his official capacity as
City Mayor of Caguas, PR,
ANGEL R. PAGAN-OCASIO, an individual,
ANTHONY CUEVAS-RAMOS, an individual,
LILIA M. ORTIZ-PUIG, an individual,
REBECCA DE_LEON-RIOS, an individual,
GUSTAVO ANTONIO GELPI, JR., an individual,
JUAN M. PEREZ-GIMENEZ, an individual,
HECTOR MANUEL LAFFITTE, an individual,
PEDRO JUAN ROSSELLO-GONZALEZ, an individual,
SILA MARIA CALDERON-SERRA, an individual,
MARIA OCASIO, an individual,
VICTOR SUAREZ-MELENDEZ, an individual,
LUIS GUILLERMO FORTUNO-BURSET, in his official capacity as President of
the New Progressive Party,
JUAN RAMON ZALDUONDO-VIERA, an individual,
JOSE A. FUENTES AGOSTINI, an individual,
HECTOR J. FERRER-RIOS, an individual,
ALEJANDRO GARCIA-PADILLA, individually and in his official capacity as President of
the Popular Democratic Party,
NICOLAS GAUTIER-VEGA, an individual,
HECTOR J. CONTY-PEREZ, an individual,
JUAN DALMAU-RAMIREZ, an individual,
JOSEPH LAWS, an individual,
SANDRA LYNCH, an individual,
AIDA M. DELGADO-COLON, an individual,
JOSE A. FUSTE, an individual,

CARMEN CONSUELO CEREZO, an individual,
DANIEL R. DOMINGUEZ, an individual,
FRANCISCO BESOSA, an individual,
JUAN R. TORRUELLA, an individual,
MICHAEL BOUDIN, an individual,
KERMIT LIPEZ, an individual,
JEFFREY R. HOWARD, an individual,
OJETTA ROGERIEE THOMPSON, an individual,
PEDRO A. DELGADO-HERNANDEZ, an individual,
OSCAR DAVILA-SULIVERES, an individual,
CARLOS LOPEZ-FELICIANO, an individual,
HERIBERTO SEPULVEDA-SANTIAGO, an individual,
DOLORES RODRIGUEZ-DE_ORONOZ, an individual,
FEDERICO HERNANDEZ-DENTON, an individual,
LIANA FIOL-MATTA, an individual,
ANABELLE RODRIGUEZ-RODRIGUEZ, an individual,
GRETCHEN COLL-MARTI, an individual,
CARLOS A. CABIN-GARCIA, an individual,
NELIDA JIMENEZ-VELAZQUEZ, an individual,
CARMEN HILDA CARLOS-CABRERA, an individual,
TROADIO GONZALEZ-VARGAS, an individual,
CARLOS SOLER-AQUINO, an individual,
JUAN R. MELECIO-MACHUCA, an individual,
O’NEILL & BORGES, an association,
STATE ELECTIONS COMMISSION,
COMMONWEALTH OF PUERTO RICO, and
POPULAR DEMOCRATIC PARTY, a political party,
Defendants.
HOUSING FINANCING AUTHORITY, a government corporation,
Party With Interest,

ORDER OF TRANSFER

Plaintiff, Leonard Ramos-Hernandez, filed a first amended complaint in which he
asserts jurisdiction pursuant to “RICO Act (1970) 18 U.S.C. § 1964” and “Alternatively

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under the “KuKluxKlan Act (1871) 28 U.S.C. § 1964.” ECF No. 4 at 8. He contends
that venue is proper in this Court:
under § 1965(a) because Popular Inc. has availed itself of
the protection of the laws of Colorado . . . [and] 1965 venue
is proper under doctrine of Judicial Necessity USA vs
Laughner 11-cr-00187-LAB (D. Arizona, PHX Div.).
ECF No. 4 at 8.
The Court must construe Mr. Ramos-Hernandez’s filings liberally because he is
representing himself. See Haines v. Kerner, 404 U.S. 519, 520-21 (1972); Hall v.
Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). However, the Court should not be the
pro se litigant’s advocate. Hall, 935 F.2d at 1110. For the reasons stated below, the
first amended complaint and the action will be transferred.
The Court disagrees that venue is proper in the District of Colorado. The Arizona
case to which Mr. Ramos-Hernandez refers, United States v. Jared Lee Loughner,
No. 11-cr-00187-LAB-1 (filed D. Ariz. Jan. 9, 2011), concerns the events of January 8,
2011, in Tucson, Arizona, which resulted in the death of United States District Judge
John M. Roll. In No. 11-cr-00187-LAB-1, because the impartiality of the district and
magistrate judges in the District of Arizona might reasonable be questioned, all district
and magistrate judges in the District of Arizona have been disqualified from presiding in
the case and all related matters. The Court fails to see how No. 11-cr-00187-LAB-1
bears any relevance to whether venue is proper in this Court. In addition, the Court fails
to see how whether or not Popular, Inc., has availed itself of the protection of the laws of
Colorado bears any relevance to venue.

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Because Mr. Ramos-Hernandez asserts federal question jurisdiction, venue is
only proper in this Court if:
A civil action wherein jurisdiction is not founded solely
on diversity of citizenship may, except as otherwise provided
by law, be brought only in (1) a judicial district where any
defendant resides, if all defendants reside in the same State,
(2) a judicial district in which a substantial part of the events
or omissions giving rise to the claim occurred, or a
substantial part of the property that is the subject of the
action is situated, or (3) a judicial district in which any
defendant may be found, if there is no district in which the
action may otherwise be brought.
28 U.S.C. § 1391(b).
Venue is improper under § 1391(b)(1) because, although one defendant,
Popular, Inc., may or may not reside in Colorado, § 1391(b)(1) requires all defendants
to reside in the same state. Because a substantial part of the events or omissions
giving rise to the complaint occurred in Puerto Rico, under § 1391(b)(2) venue is proper
there. Section 1391(b)(3) does not apply because there is a district in which the action
may otherwise be brought, i.e., the District of Puerto Rico. Therefore, the action will be
transferred to the United States District Court for the District of Puerto Rico. In the
interest of justice, a federal court may transfer a case filed in the wrong district to the
correct district. See 28 U.S.C. § 1406(a).
Accordingly, it is

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ORDERED that the first amended complaint and the action are transferred to the
United States District Court for the District of Puerto Rico, Clemente Ruiz-Nazario U.S.
Courthouse & Federico Degetau Federal Building, 150 Carlos Chardon Street, Hato
Rey, P.R. 00918.
DATED at Denver, Colorado, this

4th

day of

January

, 2012.

BY THE COURT:

s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court

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