MAHDI v. MURPHY
MEMORANDUM OPINION accompanying final order issued separately this day. Signed by Judge Christopher R. Cooper on 12/21/16.(ah)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
IMANI A. MAHDI,
PATRICK J. MURPHY,
Civil Action No. 16-1093-CRC
This matter, brought pro se under Title VII of the Civil Rights Act, is before
the Court on Defendant’s Motion to Dismiss under Federal Rule of Civil Procedure
12(b)(3) for improper venue and Rule 12(b)(6) for failure to state a claim upon which
relief can be granted. Plaintiff has not complied with the order to respond to
Defendant’s Motion to Dismiss by November 7, 2016. See Oct. 3, 2016 Order [ECF
No. 9]. Therefore, the Court finds Defendant’s arguments for dismissal to be
conceded. See generally Def.’s Mem. in Support of Mot. to Dismiss.
Title VII’s venue provision requires such actions to be brought in the judicial
district in the State where (1) the unlawful employment practice is alleged to have
occurred; (2) the relevant employment records are maintained and administered; or (3)
the plaintiff would have worked but for the alleged unlawful practice. 42 U.S.C.
§ 2000e-5(f)(3). If the defendant “is not found within any such district,” the action
may be brought in the judicial district in the State where defendant’s principal office
is located. Id.
It is clear from the allegations in the complaint that this action arose from
Plaintiff’s employment in Fort Belvoir, Virginia, which is also the location of
Defendant’s principal office. See Def.’s Mem. at 6. Given Plaintiff’s inaction, the
interests of justice would not be served by transferring this case to the U.S. District
Court for the Eastern District of Virginia. Therefore, the Court will grant Defendant’s
motion to dismiss under Rule 12(b)(3) and dismiss the case without prejudice. A
separate Order accompanies this Memorandum Opinion.
CHRISTOPHER R. COOPER
United States District Judge
DATE: December 21, 2016
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?