Jimenez v. Pierce

MEMORANDUM

EDELSTEIN, District Judge.

This is a motion by the Attorney General of New York to dismiss this action pursuant to Fed.R.Civ.P. 12 (b) (3) for improper venue, or, in the alternative, to transfer this action to a district in which venue properly lies, pursuant to 28 U.S.C. § 1406(a). While the precise basis of federal jurisdiction is not clearly spelled out in the pro se complaint, it would appear that plaintiff’s claim is based in part, at least, upon 42 U.S.C. § 1981 et seq. and 28 U.S. C. § 1343, 1 for which the applicable venue provision is found in 28 U.S.C. § 1391 (b):

“A civil…