Opinion
CASE NO. 4:06-CV-124 (CDL).
May 23, 2007
ORDER
Defendant has filed a Motion to Dismiss, or in the Alternative, Motion to Transfer (Doc. 5), Plaintiff's Title VII claim based upon improper venue and Plaintiff's Privacy Act claim based upon the expiration of the statute of limitations and/or Plaintiff's failure to exhaust his administrative remedies. For the following reasons, Defendant's motion is granted, and this case is dismissed in its entirety.
Venue is not proper in the Middle District of Georgia for Plaintiff's Title VII claim. See 42 U.S.C. § 2000e-5(f)(3). Therefore, Plaintiff's Title VII claim is dismissed.
The only remaining basis for federal jurisdiction is Plaintiff's Privacy Act claim. Since Plaintiff failed to file this lawsuit within two years of the alleged violation of his privacy rights under the statute, Plaintiff's claim is untimely. See 5 U.S.C. § 552a(g)(5). Accordingly, Plaintiff's Privacy Act claim is dismissed.
Plaintiff has apparently abandoned any claim that his request for declaratory relief provides an independent basis for federal jurisdiction.
Defendant's Motion to Dismiss (Doc. 5) is granted, and Plaintiff's Complaint is dismissed in its entirety.
IT IS SO ORDERED.