1:25-cv-00526•Porter v. Framingham, MA, Town of et al
Gesamter Gesetzestext
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE Richard W. Porter v. Case No. 25-cv-526-LM-AJ City of Framingham Framingham Police Dept. James McDermott REPORT AND RECOMMENDATION Self-represented plaintiff Richard W. Porter, appearing in forma pauperis, filed a complaint (Doc. No 1) against the City of Framingham, Massachusetts, its police department, and James McDermott. The complaint is before the undersigned Magistrate Judge for preliminary review, pursuant to LR 4.3(d)(2) and 28 U.S.C. § 1915(e)(2). As explained more fully below, this case should be dismissed because venue is improper in this District. Standard of Review The magistrate judge conducts a preliminary review of pleadings, like Mr. Porter’s, that are filed in forma pauperis. See LR 4.3(d). The magistrate judge may recommend to the district judge that one or more claims be dismissed if, among other things, the court lacks jurisdiction, a defendant is immune from the relief sought, or the complaint fails to state a claim upon which relief may be granted. See 28 U.S.C. § 1915(e)(2); LR 4.3(d). In conducting its preliminary review, the Case 1:25-cv-00526-LM-AJ Document 3 Filed 03/06/26 Page 1 of 4
2 court construes pro se complaints liberally. See Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per curiam). The complaint must contain “sufficient factual matter, accepted as true, to ‘state a claim to relief.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citation omitted). The court treats as true all well- pleaded factual allegations, and construes reasonable inferences in plaintiff’s favor. See Ocasio-Hernández v. Fortuño-Burset, 640 F.3d 1, 12 (1st Cir. 2011). An unrepresented plaintiff's complaint must be read liberally in this regard, see Donovan v. Maine, 276 F.3d 87, 94 (1st Cir. 2002), but must still contain “the crucial detail of who, what, when, where, and how” in order to provide fair notice of what the claims are and the grounds upon which they rest, Byrne v. Maryland, No. 1:20-cv-00036-GZS, 2020 WL 1317731, at *5 (D. Me. Mar. 20, 2020) (rec. dec.), aff'd, 2020 WL 2202441 (D. Me. May 6, 2020). Background Mr. Porter’s complaint consists of a single, handwritten page that is difficult to follow. He alleges that he built a modular home in Framingham in 1995. Over the next thirty years, Framingham Police filed fourteen criminal charges against him and arrested him several times. He alleges that his home has been broken into and sold five times. In 2022, Mr. McDermott bought the home after breaking into it. Case 1:25-cv-00526-LM-AJ Document 3 Filed 03/06/26 Page 2 of 4
3 Analysis The facts alleged in Mr. Porter’s complaint, though sparse, raise the issue of whether venue is appropriate in this court.1 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 asserts no defendant’s or claim's connection to New Hampshire. The property at issue is in Massachusetts as were the legal proceedings alleged in the complaint. Finally, the allegation that Mr. McDermott lives in the subject home suggests that he is a Massachusetts resident. Absent any incidents, parties, or claims that would satisfy federal venue requirements, venue cannot lie in this District. The district judge should therefore dismiss the complaint for lack of proper venue, pursuant to 28 1 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 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. 2015). Case 1:25-cv-00526-LM-AJ Document 3 Filed 03/06/26 Page 3 of 4
4 U.S.C. § 1406(a), without prejudice to Mr. Porter’s ability to bring his suit in a proper venue. Conclusion Based on the foregoing, the district judge should dismiss this action due to improper venue. Any objections to this Report and Recommendation must be filed within fourteen days of receipt of this notice. Fed. R. Civ. P. 72(b)(2). The fourteen-day 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 objection(s) to this Report and Recommendation “are subject to review in the district court.” Id. (cleaned up). Additionally, any issues “not preserved by such objection are precluded on appeal.” Id. ______________________________ Andrea K. Johnstone United States Magistrate Judge March 6, 2026 cc: Richard W. Porter, pro se Case 1:25-cv-00526-LM-AJ Document 3 Filed 03/06/26 Page 4 of 4
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