Virginia Lawyers Weekly

An Alexandria U.S. District Court dismisses for improper venue under 28 U.S.C. § 1391(b) an Orange, Virginia inmate’s civil rights suit against defendant correctional officials, as affidavits filed by defendants clearly show that none of the named defendants reside in the Eastern District of Virginia, and the facts as pled clearly show that none of the alleged acts or omissions occurred in this district.

The court will not grant plaintiff’s request to transfer this case. Plaintiff’s attorney made an obvious error by filing in this district.

Plaintiff has offered no legitimate explanation of his choice to file in this district; in fact, he offered no explanation at all. Plaintiff has not only failed to satisfy his burden of establishing proper venue, but also has failed to even attempt to do so.

Smith v. Aylor, Sup’t of Central Va. Regional Jail (Cacheris, J.) No. 1:08cv1161, April 7, 2009; USDC at Alexandria, Va. VLW 009-3-202, 6 pp.

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