Judd v. Federal Communications Commission ( 2010 )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
KEITH RUSSELL JUDD §
VS. § CIVIL ACTION NO. 1:08cv193
FEDERAL ELECTIONS COMMISSION §
MEMORANDUM OPINION
Plaintiff Keith Russell Judd filed this lawsuit against the
Federal Elections Commission and the Federal Communications
Commission pursuant to the Federal Election Campaign Act, 2
U.S.C. § 431, et. seq.1 Plaintiff challenges the
constitutionality of certain portions of the Act. Pending before
the court is a motion filed by plaintiff (doc. no. 16) asking
theat this matter be transferred to the United States District
Court for the District of Columbia.
Section 403 of the Bipartisan Campaign Reform Act provides
special rules for actions challenging the constitutionality of
its provisions. See McConnell v. Federal Elections Commission,
540 U.S. 93, 132 (2003). Section 403 requires actions
challenging the constitutionality of any of the Act’s provisions
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The Bipartisan Campaign Reform Act of 2002 amended the Federal
Elections Campaign Act of 1971, the Communications Act of 1934, and other
portions of the United States Code.
to be filed in the United States District Court for the District
of Columbia. As a result, venue with respect to this matter is
proper in the United States District Court for the District of
Columbia. Id.; Davis v. Federal Election Commission, 501
F. Supp. 2d 22, 27 (D.D.C. 2007).
When venue is not proper, the court “shall dismiss, or if it
be in the interest of justice, transfer such case to any district
... in which it could have been brought. 28 U.S.C. § 1406(a).
This case will therefore be transferred to the District of
Columbia court. An appropriate transfer order shall be entered.
Hello This is a Test
SIGNED this 22 day of March , 2010.
EARL S. HINES
UNITED STATES MAGISTRATE JUDGE
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