1:25-cv-00310•Griffin v. Montgomery, City of et al
Gesamter Gesetzestext
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE Willie R. Griffin v. Civil No. 25-cv-310-JL-AJ City of Montgomery, Alabama, et al.1 REPORT AND RECOMMENDATION Self-represented Plaintiff Willie R. Griffin, appearing in forma pauperis, filed a Complaint (Doc. No. 1) against a number of defendants, complaining about treatment he received at or around various businesses in Montgomery, Alabama. The Complaint is before this court for preliminary review under 28 U.S.C. § 1915(e)(2) and LR 4.3(d)(2). Preliminary Review Standard In conducting preliminary review under 28 U.S.C. § 1915(e)(2), the Court takes as true the facts asserted in the Complaint, and inferences reasonably drawn from those facts, strips away the legal conclusions, and considers whether the complaint states a claim upon which relief might be granted. See Hernandez-Cuevas v. Taylor, 723 F.3d 91, 102-03 (1st Cir. 2013) (citing Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)). In determining whether a pro se complaint states a claim, the Court construes it liberally. See Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per curiam). The Court may dismiss claims if the court lacks subject matter jurisdiction, a defendant is immune from the relief sought, the complaint fails to state a claim upon which relief might be granted, 1 Plaintiff names the following defendants in the Complaint (Doc. No. 1): City of Montgomery, Alabama; State of Alabama; Montgomery Police Department; the Federal Library in Montgomery; an Illinois courthouse; the United States Supreme Court; and the following Montgomery, Alabama businesses: Circle K Store 318; Embass Holtle, Starbuck; USA Star Gas Station; Amazon Store, and the Coosa Hotel. Case 1:25-cv-00310-JL-AJ Document 12 Filed 01/14/26 Page 1 of 3
2 or the action is frivolous or malicious. See 28 U.S.C. § 1915(e)(2). Where the defense of improper venue is “‘obvious from the face of the complaint and no further factual record is required to be developed,’” the court may, sua sponte, dismiss the case. Cox v. Rushie, No. CA 13-11308-PBS, 2013 U.S. Dist. LEXIS 86794 at *14, 2013 WL 3197655 at *4 (D. Mass. June 18, 2013) (quoting Trujillo v. Williams, 465 F.3d 1210, 1217 (10th Cir. 2006)); see also Wilkinson v. Sec’y, Fla. Dep’t of Corr., 622 F. App’x 805, 809 (11th Cir. Fla. 2015). Background Mr. Griffin asserts a variety of claims in this case arising out of a series of incidents which occurred in 2024 and 2025, at or near businesses located in Montgomery, Alabama. Liberally construed, the court finds that Mr. Griffin asserts that the defendants, among other things, falsely accused him of stealing, would not let him use their bathrooms, barred him from their premises for no reason, called the local police who took and retained Mr. Griffin’s suitcase, failed to provide him with items he purchased or tried to purchase, and caused people to “protest” and “boycott” him. Discussion Under federal venue law, a civil action may only be brought in “a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located,” or in “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.” 28 U.S.C. § 1391(b)(1)-(2). The Complaint, which is before this court for preliminary review under 28 U.S.C. § 1915(e)(2) and LR 4.3(d)(2), asserts no party’s or claim’s connection to New Hampshire. Mr. Griffin has not alleged Case 1:25-cv-00310-JL-AJ Document 12 Filed 01/14/26 Page 2 of 3
3 any facts demonstrating any connection between the District of New Hampshire and any of the incidents, parties, and claims that would satisfy the venue requirements of federal law. Accordingly, this court lacks venue over this matter, and the district judge should dismiss the Complaint, in its entirety, for lack of proper venue, pursuant to 28 U.S.C. § 1406(a), without prejudice to Mr. Griffin’s ability to bring his suit in a jurisdiction where venue is proper. Conclusion For the foregoing reasons, the district judge should: dismiss the case without prejudice for improper venue; deny all of the pending motions in this case without prejudice; and direct the Clerk to enter judgment and close this case. Any objections to this Report and Recommendation must be filed within fourteen days of receipt of this notice. The objection period may be extended upon motion. Failure to file any objection within the specified time waives the right to appeal the district court’s Order. See Santos-Santos v. Torres-Centeno, 842 F.3d 163, 168 (1st Cir. 2016). Only those issues raised in the written objections “‘are subject to review in the district court,’” and any issues “‘not preserved by such objection are precluded on appeal.’” Id. (citations omitted). ________________________________ Andrea K. Johnstone United States Magistrate Judge January 14, 2026 cc: Willie R. Griffin, pro se Case 1:25-cv-00310-JL-AJ Document 12 Filed 01/14/26 Page 3 of 3
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