02-6506 | 6th Cir. | Nov 5, 2003
File Name: 03a0393p.06 Before: MARTIN and SUTTON, Circuit Judges; MILLS,
District Judge. [*] UNITED STATES COURT OF APPEALS _________________ FOR THE SIXTH CIRCUIT COUNSEL _________________ ON BRIEF: Gust Marion Janis, Lompoc, California, pro se. G UST M ARION J ANIS , (cid:88) _________________ (cid:45) Plaintiff-Appellant, (cid:45) OPINION (cid:45) No. 02-6506 _________________ v. (cid:45) > (cid:44) BOYCE F. MARTIN, JR., Circuit Judge. Gust Marion
J OHN A SHCROFT , Attorney (cid:45) Janis, a federal prisoner proceeding pro se, appeals a district General; A L H ERRERA , (cid:45) court order dismissing his civil complaint filed pursuant to the Warden, U.S. Penitentiary, (cid:45) settlement agreement in Washington v. Reno , Lexington Civil (cid:45) Action Nos. 93-217 and 93-290 (E.D. Ky.), which concerned Lompoc, CA; K ATHLEEN
(cid:45) the propriety of prison telephone system policies. The H AWK , Director, Bureau of (cid:45) settlement agreement afforded inmates an opportunity to Prisons; D AVID W OODY ; (cid:45) enforce a specific portion of the agreement within the Eastern V ICTOR A. F LORES ; F EDERAL (cid:45) District of Kentucky. This case has been referred to a panel B UREAU OF P RISONS , (cid:45) of the court pursuant to Sixth Circuit Rule 34(j)(1). Upon (cid:45) examination, this panel unanimously agrees that oral Defendants-Appellees. (cid:45) argument is not needed. See Fed. R. App. P. 34(a). (cid:78)
On April 2, 2001, the defendants implemented new Appeal from the United States District Court telephone policies which limited all Federal Bureau of Prison for the Eastern District of Kentucky at Ashland. inmates to “300 minutes per calendar month for collect-call No. 02-00088—Henry R. Wilhoit, Jr., District Judge. and/or dial direct telephone calls.” On April 29, 2002, Janis filed a complaint in the Eastern District of Kentucky against
Submitted: September 18, 2003 United States Attorney General John Ashcroft; Warden Al Herrera, United States Penitentiary - Lompoc, California;
Decided and Filed: November 5, 2003 Director Kathleen M. Hawk Sawyer, Federal Bureau of Prisons; Chief David Woody, Federal Bureau of Prisons Trust
retaliation against the inmates for pursuing the Reno complaint alleged bad faith on the part of and retaliation by litigation. According to Janis, the defendants acted in bad the defendants against him and other inmates because they faith and committed a fraud upon the court when they settled pursued the Reno litigation. Properly understood, Janis’s the Reno lawsuit, because at the time of the settlement they complaint essentially asserted constitutional violations rather intended to punish the inmates in the future for having than violations of the settlement agreement. We conclude brought the lawsuit. Janis also challenged numerous that these allegations were sufficient to invoke federal conditions of his confinement at the United States question jurisdiction pursuant to 28 U.S.C. § 1331. Although Penitentiary in Lompoc, California, where he is incarcerated. we note that Janis asserted his claims in the wrong venue as Janis sought enforcement of the settlement agreement he filed his complaint in a judicial district where neither he approved in Reno , as well as injunctive, declaratory, and nor any defendant resides nor where a substantial part of the monetary relief. alleged events occurred, see 28 U.S.C. § 1391(e), we question
the propriety of the district court’s sua sponte dismissal for The district court concluded that it lacked subject matter what was essentially a lack of proper venue. See Rauch v. Day jurisdiction and dismissed the complaint sua sponte pursuant & Night Mfg. Corp. , 576 F.2d 697" date_filed="1978-05-03" court="6th Cir." case_name="Carl Thomas Rauch, III v. Day and Night Manufacturing Corporation">576 F.2d 697, 701 (6th Cir. 1978). to 28 U.S.C. § 1915A. The district court subsequently denied Janis’s motion for reconsideration. Janis filed a timely notice While Federal Rule of Civil Procedure 12(h)(3) permits a of appeal. Janis also filed a motion for a temporary district court to dismiss a complaint sua sponte for lack restraining order with this Court. subject matter jurisdiction, it does not accord similar authority
to dismiss a case for lack of venue. See id. ; but see 28 U.S.C. We review de novo a district court’s dismissal of a § 1404(a) (allowing district courts to transfer a case to a complaint for lack of subject matter jurisdiction. See Friends district court where venue is proper). of Crystal River v. United States Envtl. Prot. Agency , 35 F.3d 1073, 1077-78 (6th Cir. 1994). Accordingly, the judgment of the district court is reversed
and the case is remanded for further proceedings. Janis’s Upon review, we conclude that the district court improperly motion for a temporary restraining order is denied as it was dismissed Janis’s complaint for lack of subject matter filed in the first instance with the wrong court. jurisdiction. Certainly, the district court was correct in concluding that Janis had not sought enforcement of any provision of the settlement agreement and thus, jurisdiction could not be established “under the alleged guise of being vaguely linked to [the] enforcement of the [] settlement agreement.” Indeed, Janis’s complaint did not identify any specific provision of the settlement agreement that he desired the court to enforce.
NOTES
[*] The Hon orable R ichard M ills, United States District Judge for the Central District of Illinois, sitting by designation. 1 No. 02-6506 Janis v. Ashcroft, et al. 3 4 Janis v. Ashcroft, et al. No. 02-6506 Fund Systems; Inmate Trust Fund Supervisor Victor Flores, However, inasmuch as the district court dismissed Janis’s United States Penitentiary - Lompoc, California; and the complaint for lack of subject matter jurisdiction, but cited Federal Bureau of Prisons. The complaint alleged that the venue language in support of its decision, it appears that the defendants implemented the new telephone restrictions in district court confused these separate concepts. Janis’s