Opinion
22-CV-9066 (LTS)
12-09-2022
WILLIAM SCALES, Plaintiff, v. FEDERAL BUREAU OF INVESTIGATION, Defendant.
TRANSFER ORDER
LAURA TAYLOR SWAIN CHIEF UNITED STATES DISTRICT JUDGE
Plaintiff, who resides in Brooklyn, Kings County, New York, brings this pro se action invoking the Court's federal question jurisdiction. He alleges that in 2022, Defendant Federal Bureau of Investigation (“FBI”) “neglected to contact me and possibly hasn't investigated my complaint,” which he alleges he filed on fbi.gov. (ECF 1, at 5.) He names the FBI as the sole defendant. For the following reasons, the Court transfers this action under 28 U.S.C. § 1406 to the United States District Court for the District of Columbia.
DISCUSSION
Under 28 U.S.C. § 1391(b), 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.
Under Section 1391(c), a “natural person” resides in the district where the person is domiciled, and an “entity with the capacity to sue and be sued” resides in any judicial district where it is subject to personal jurisdiction with respect to the civil action in question. See 28 U.S.C. § 1391(c)(1), (2).
Plaintiff alleges that his rights were violated by the FBI, which is located in Washington, D.C. His claims concern the FBI's alleged failure to investigate Plaintiff's complaints. Because the FBI does not reside in the Southern District of New York, and the alleged events did not occur in this District, from the face of the complaint, it is clear that venue is not proper in this District under Section 1391(b)(1), (2).
Under 28 U.S.C. § 1406, if a plaintiff files a case in the wrong venue, the Court “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). Venue lies in the District of Columbia, 28 U.S.C. § 1391(b)(1), and in the interest of justice, the Court transfers this action to the United States District Court for the District of Columbia, 28 U.S.C. § 1406(a).
Plaintiff filed a similar complaint in this court that was transferred to the Eastern District of New York. See Scales v. FBI, No. 22-CV-9683 (S.D.N.Y. Dec. 2, 2022).
CONCLUSION
The Clerk of Court is directed to transfer this action to the United States District Court for the District of Columbia. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court.A summons shall not issue from this Court. This order closes this case.
Plaintiff did not submit an application to proceed in forma pauperis or pay the filing fee.
The Court certifies, pursuant to 28 U.S.C § 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
SO ORDERED.