Aloba v. BOP, No. 21-10729, 2021 U.S. Dist. LEXIS 86831 (D. Mass. May 5, 2021) (Talwani, J.)

Aloba v. BOP, No. 21-10729, 2021 U.S. Dist. LEXIS 86831 (D. Mass. May 5, 2021) (Talwani, J.)

Re:  Request for incoming mail logs from two correctional facilities in California and Texas in which plaintiff has previously been held

Disposition:  Dismissing plaintiff's complaint

• Litigation Considerations, Venue and Removal:  The court holds that "[t]he District of Massachusetts is not the proper district for this action."  "[Plaintiff] does not reside or have his principal place of business in the District of Massachusetts."  "Further, there is no suggestion that the BOP records he seeks are situated in the District of Massachusetts."  "[T]he court does not know where the records [plaintiff] seeks are situated or which transferee court [plaintiff] prefers."  "The matter has been pending in this court for only a short period of time and [plaintiff] has not paid the filing fee."  "Accordingly, dismissal without prejudice, rather than transfer, would thus cause no undue prejudice to [plaintiff] and would allow him to refile in the proper judicial district."