Judd v. Federal Communications Commission et al

Filing 24

MEMORANDUM AND OPINION that venue with respect to this matter is proper in the United States District Court for the District of Columbia. An appropriate transfer order shall be entered. Signed by Magistrate Judge Earl S. Hines on 3/22/10. (dlc, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION KEITH RUSSELL JUDD VS. FEDERAL ELECTIONS COMMISSION § § § CIVIL ACTION NO. 1:08cv193

MEMORANDUM OPINION Plaintiff Keith Russell Judd filed this lawsuit against the Federal Elections Commission and the Federal Communications Commission pursuant to the Federal Election Campaign Act, 2 U.S.C. § 431, et. seq.1 Plaintiff challenges the Pending before

constitutionality of certain portions of the Act.

the court is a motion filed by plaintiff (doc. no. 16) asking theat this matter be transferred to the United States District Court for the District of Columbia. Section 403 of the Bipartisan Campaign Reform Act provides special rules for actions challenging the constitutionality of its provisions. See McConnell v. Federal Elections Commission, Section 403 requires actions

540 U.S. 93, 132 (2003).

challenging the constitutionality of any of the Act's provisions

The Bipartisan Campaign Reform Act of 2002 amended the Federal E l e c t i o n s Campaign Act of 1971, the Communications Act of 1934, and other p o r t i o n s of the United States Code.

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to be filed in the United States District Court for the District of Columbia. As a result, venue with respect to this matter is

proper in the United States District Court for the District of Columbia. Id.; Davis v. Federal Election Commission, 501

F.Supp.2d 22, 27 (D.D.C. 2007). When venue is not proper, the court "shall dismiss, or if it be in the interest of justice, transfer such case to any district ... in which it could have been brought. 28 U.S.C. § 1406(a).

This case will therefore be transferred to the District of Columbia court. An appropriate transfer order shall be entered.

Hello This is a Test SIGNED this

22

day of

March

, 2010.

EARL S. HINES UNITED STATES MAGISTRATE JUDGE

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