Cedrick Draper v. USDC WDVA Danville Division ( 2019 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-2397
CEDRICK EURON DRAPER,
Plaintiff - Appellant,
v.
UNITED STATES DISTRICT COURT OF THE WESTERN DISTRICT OF
VIRGINIA DANVILLE DIVISION,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Norfolk. Mark S. Davis, Chief District Judge. (2:18-cv-00551-MSD-LRL)
Submitted: May 31, 2019 Decided: June 18, 2019
Before NIEMEYER and WYNN, Circuit Judges, and SHEDD, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Cedrick Euron Draper, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Cedric Euron Draper appeals the district court’s order dismissing his civil action
for improper venue. We have reviewed the record and find no reversible error. See
Buchanan v. Manley, 145 F.3d 386, 388-89 (D.C. Cir. 1998). It is apparent from
Draper’s complaint that no conceivable basis exists for venue in the Eastern District of
Virginia. See 28 U.S.C. § 1391(b), (c) (2012) (describing venue and residency
requirements). Moreover, we are satisfied that the interests of justice did not require
transferring, rather than dismissing, the action. See Simpkins v. D.C. Gov’t, 108 F.3d
366, 370 (D.C. Cir. 1997) (recognizing that district court may dismiss action, despite
improper venue, where complaint patently failed to state viable claim).
Accordingly, we affirm the district court’s judgment. We dispense with oral
argument because the facts and legal contentions are adequately presented in the
materials before this court and argument would not aid the decisional process.
AFFIRMED
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