SeeSpaeth v. Michigan State Univ. Coll. of Law, 845 F.Supp.2d 48, 57 n. 13 (D.D.C.2012) (severing claims prior to transferring, per § 1404(a)); Abuhouran v. Nicklin, 764 F.Supp.2d 130, 132 (D.D.C.2011) ( “[B]ecause § 1406(a) contemplates the transfer of a ‘case,’ ... the claims must first be severed into separate cases ....”); accordWyndham Assocs. v. Bintliff, 398 F.2d 614, 618–19 (2d Cir.1968) (recognizing that claims must first be severed into separate actions prior to being transferred or retained under § 1404(a)). For the reasons discussed below, the Court i) severs Plaintiff's preliminary injunction because it involves factual events distinct from those forming the basis of the complaint, and ii) severs Plaintiff's Privacy Act claim because it is wholly unrelated to his FOIA claim.
In this action brought pro se, defendant State Department (“DOS”) moves to dismiss the amended complaint or for summary judgment on the remaining claim brought under the Freedom of Information Act (“FOIA”), 5 USC § 552. See Order, 764 F.Supp.2d 130 (D.D.C.2011) [Doc. # 6] (severing Counts 1–9 of the Complaint and transferring the action comprised of those counts to the Middle District of Pennsylvania). Upon consideration of the parties' submissions and the relevant parts of the record, the Court will grant defendant's dispositive motion and enter judgment accordingly.