Minnfee v. Mueller et al

Filing 3

ORDER OF DISMISSAL: The court has reviewed the complaint pursuant to 28 U.S.C. 1915A, and finds that venue is not proper in this District. Accordingly, the complaint and this action are DISMISSED without prejudice to refiling in the proper venue; by Judge Robert S. Lasnik. (ELS, )

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Minnfee v. Mueller et al Doc. 3 Case 2:07-cv-00518-RSL-JPD Document 3 Filed 04/17/2007 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE BARRY DWAYNE MINNFEE, ) ) Plaintif f , ) ) v. ) ) ROBERT MUELLER, et al., ) ) Defendants. ) ____________________________________) CASE NO. C07-518-RSL-JPD ORDER OF DISMISSAL Plaintiff, who is currently incarcerated in Amarillo, Texas, has filed a proposed complaint pursuant to 42 U.S.C. 1983. The court has reviewed the complaint pursuant to 28 U.S.C. 1915A, and finds that venue is not proper in this District. To the extent that plaintiff's claims are decipherable, he appears to allege that his constitutional rights have been violated by Robert Mueller, the Director of the FBI in Washington, D.C., by the Dallas office of the FBI, and by Governor Rick Perry, Governor of Texas. Thus, the events giving rise to this lawsuit did not occur in this District, nor do any of the defendants reside here. See 28 U.S.C. 1391(b). In addition, this lawsuit is the third filed erroneously by plaintiff in this District in the past 60 days. See Minnfee v. Jones, Case No. C07-200-JLR, Minnfe v. Associate Attorney General, Case No. C07-399-JCC. Plaintiff was advised of the rules governing venue in those other cases, but has apparently chosen to ignore the Court's advice. Accordingly, the complaint and this action are DISMISSED without prejudice to refiling in the proper venue. The Clerk is directed to send copies of this Order to plaintiff and to the Hon. James P. Donohue. ORDER DISMISSING COMPLAINT AND ACTION PAGE - 1 Dockets.Justia.com Case 2:07-cv-00518-RSL-JPD Document 3 Filed 04/17/2007 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DATED this 16th day of April, 2007. A Robert S. Lasnik United States District Judge Recommended for entry this 10th day of April, 2007. /s/ MARY ALICE THEILER for JAMES P. DONOHUE United States Magistrate Judge ORDER DISMISSING COMPLAINT AND ACTION PAGE - 2

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