Unpublished Dispositionedward J. Brennan, Jr., Plaintiff-appellant, v. Ernest C. Aulls, Court of Common Pleas 'cuyahoga Countyohio', Cuyahoga County, Ohio, State of Ohio, Lakecounty, Florida, Defendants-appellees.edward J. Brennan, Jr., Plaintiff-appellant, v. Thomas F. O'malley, Del G. Potter, and Ann Marie Brennan,defendants-appellees, 826 F.2d 1062 (6th Cir. 1987)

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US Court of Appeals for the Sixth Circuit - 826 F.2d 1062 (6th Cir. 1987)

Aug. 12, 1987



These cases have been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the motion for leave to proceed in forma pauperis and for a refund of the filing fee, motion to strike remarks made by the district court judge, motion for criminal investigation, the records and the parties' briefs, this panel agrees unanimously that oral argument is not needed. Rule 34(a), Federal Rules of Appellate Procedure.

Brennan initiated two civil rights actions in the District Court for the Eastern District, Southern Division, of Michigan. The State of Ohio and various residents and courts in Ohio and Florida were named as defendants. The district court dismissed the cases on the basis of improper venue because none of the defendants resided in Michigan and the claims did not arise in Michigan. See 28 U.S.C. §§ 1391(b), 1406(a).

Upon review, we conclude that the district court did not err in its decisions. When a civil complaint is filed in a district in which none of the acts took place and in which none of the defendants reside, the district court has authority under 28 U.S.C. § 1406(a) to dismiss the case. Jaynes v. Jaynes, 496 F.2d 9 (2d Cir. 1974) (per curiam).

It is ORDERED that the motions be denied and the judgments of the district court be and hereby are affirmed. Rule 9(b) (5), Rules of the Sixth Circuit.