Abouloh v. Lehigh County Prison
3:25-cv-00617
| M.D. Penn. | Jun 30, 2025Background
- Plaintiff Rami Abouloh filed a complaint in the Middle District of Pennsylvania concerning treatment of his personal property while incarcerated at Lehigh County Prison.
- All alleged events described in the complaint occurred in Lehigh County, which is located in the Eastern District of Pennsylvania.
- None of the defendants reside in or are alleged to have committed acts within the Middle District of Pennsylvania.
- The court identified a procedural issue with venue, as required by 28 U.S.C. § 1391(b).
- The court considered whether to dismiss the case for improper venue or transfer it to the appropriate district.
- Abouloh is a pro se litigant seeking to proceed in forma pauperis; the court deferred this decision for the transferee court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether venue is proper in the Middle District of Pennsylvania | Not directly addressed; filed in this district | Not detailed in opinion | Venue is improper as none of the events or defendants are connected to this district |
| Remedy for improper venue | No argument presented | No argument presented | Transfer to the Eastern District of Pennsylvania is more just than dismissal |
| Sua sponte review of venue | Not addressed | Not addressed | The court may raise venue issues on its own motion |
| In forma pauperis motion handling | Plaintiff seeks leave | Not addressed | To be decided by the Eastern District of Pennsylvania |
Key Cases Cited
- Goldlawr, Inc. v. Heiman, 369 U.S. 463 (1962) (A court may transfer a case to a proper venue even if it lacks personal jurisdiction over the defendants)
- Burnett v. New York Cent. R. Co., 380 U.S. 424 (1965) (Interest of justice generally favors transfer over dismissal for improper venue)