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Partovi v. Galoski

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


April 13, 2009

ALI PARTOVI, PLAINTIFF,
v.
JOSEPH P. GALOSKI, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Ellen Segal Huvelle United States District Judge

MEMORANDUM OPINION AND ORDER

Plaintiff is an immigration detainee confined at the Florence Correctional Center, a privately run corrections facility located in Florence, Arizona. In this action, brought pursuant to Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971), he alleges that while he was detained at an immigration facility in Guam during 2001-2003, he did not have access to a law library, mailbox or legal mailbox, thereby denying him access to the courts in violation of the Fourth, Fifth, Sixth, and Fourteenth Amendments, as well as § 115 of Public Law Number 99-603, the Immigration Reform and Control Act of 1986.*fn1 He names as defendants two employees of the immigration facility in both their official and individual capacities and seeks $5 million in money damages and an injunction.*fn2

The alleged deprivations of access to a library and mailbox were not committed by defendants in the District of Columbia. Where, as here, the Court's jurisdiction is not based solely on diversity of citizenship, venue is proper in:

(1) a judicial district where any defendant resides, if all defendants reside in the same State, (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, . . . or (3) a judicial district in which any defendant is subject to personal jurisdiction at the time the action is commenced, if there is no district in which the action may otherwise be brought.

28 U.S.C. § 1391(b).*fn3 Therefore, venue is not proper here. However, where a case is filed laying venue in the wrong division or district, the district court may, if it be in the interests of justice, transfer the case to any district or division where it could have been brought. 28 U.S.C. § 1406(a).

Accordingly, it is hereby

ORDERED that, pursuant to 28 U.S.C. § 1406(a), the Clerk's Office is directed to TRANSFER this case to the District Court of Guam.

SO ORDERED.


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