Opinion
C. A. 3:24-2828-CMC-SVH
06-04-2024
John D. Lynch II, Plaintiff, v. Manesha Jothani, M.D., Chief of CT Department of Health; and CT Medical Licensing Board, Defendants.
REPORT AND RECOMMENDATION
SHIVA V. HODGES, UNITED STATES MAGISTRATE JUDGE
John D. Lynch II (“Plaintiff”), proceeding pro se, filed this complaint against Manesha Jothani, Chief of CT Department of Health, and CT Medical Licensing Board (“Defendants”). Pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Civ. Rule 73.02(B)(2)(e) (D.S.C.), the undersigned is authorized to review such complaints for relief and submit findings and recommendations to the district judge. For the following reasons, the undersigned recommends this matter be transferred to District of Connecticut.
I. Factual and Procedural Background
For his statement of the claim, Plaintiff states “CT DPH had given me my medical license back but inexplicably placed John D. Lynch Jr M.D.'s complaints in my NPDB account.” [ECF No. 1 at 5 (errors in original)]. He appears to seek three years of an emergency medicine physician's salary. Id.
Plaintiff lists his address as in Virginia, but notes his temporary address is 1100 Taylor Road, Columbia, SC 29201. Id. at 2. Plaintiff lists Connecticut addresses for Defendants.
II. Discussion
Federal district courts are vested with the inherent power to control and protect the administration of court proceedings. White v. Raymark Indus., Inc., 783 F.2d 1175, 1177 (4th Cir. 1986). A court has the power to consider sua sponte whether venue is proper. See Jensen v. Klayman, 115 F. App'x. 634, 635-36 (4th Cir. 2004) (per curiam). Pursuant to 28 U.S.C. § 1391(b):
(b) Venue in general.-A civil action may be brought in-
(1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located;
(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 property that is the subject of the action is situated; or
(3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action.
In absence of venue, a court has authority sua sponte to transfer under either 28 U.S.C. § 1404(a) or § 1406(a), or both. See Jensen, 115 F. App'x. at 635-36; In re Carefirst of Md., Inc., 305 F.3d 253, 255-56 (4th Cir. 2002). “The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought.” 28 U.S.C. § 1406(a).
Here, Plaintiff lists Connecticut addresses for all Defendants. Defendants do not reside in South Carolina, nor did a substantial part of the alleged acts or omissions giving rise to the claim occur in South Carolina. Therefore, venue is not proper in this district. For these reasons, the undersigned recommends this matter be transferred to the District of Connecticut.
III. Conclusion and Recommendation
For the foregoing reasons, the undersigned recommends the district court transfer this matter to the United States District Court for the District of Connecticut for further disposition.
IT IS SO RECOMMENDED.
The parties are directed to note the important information in the attached “Notice of Right to File Objections to Report and Recommendation.”
Notice of Right to File Objections to Report and Recommendation
The parties are advised that they may file specific written objections to this Report and Recommendation with the District Judge. Objections must specifically identify the portions of the Report and Recommendation to which objections are made and the basis for such objections. “[I]n the absence of a timely filed objection, a district court need not conduct a de novo review, but instead must ‘only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.'” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310 (4th Cir. 2005) (quoting Fed.R.Civ.P. 72 advisory committee's note).
Specific written objections must be filed within fourteen (14) days of the date of service of this Report and Recommendation. 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b); see Fed.R.Civ.P. 6(a), (d). Filing by mail pursuant to Federal Rule of Civil Procedure 5 may be accomplished by mailing objections to:
Robin L. Blume, Clerk
United States District Court
901 Richland Street
Columbia, South Carolina 29201
Failure to timely file specific written objections to this Report and Recommendation will result in waiver of the right to appeal from a judgment of the District Court based upon such Recommendation. 28 U.S.C. § 636(b)(1); Thomas v. Arn, 474 U.S. 140 (1985); Wright v. Collins, 766 F.2d 841 (4th Cir. 1985); United States v. Schronce, 727 F.2d 91 (4th Cir. 1984).