Fleming v. Medicare Freedom of Info. Grp., No. 15-594, 2015 WL 4365283 (D. Minn. July 13, 2015) (Doty, J.)

Fleming v. Medicare Freedom of Info. Grp., No. 15-594, 2015 WL 4365283 (D. Minn. July 13, 2015) (Doty, J.)

Re: Request for records concerning plaintiff

Disposition: Adopting Magistrate Judge's Report and Recommendation; granting defendant's motion to transfer venue; transferring case to United States District Court for the District of Columbia

• Litigation Considerations, Venue and Removal:  The court adopts the Magistrate Judge's Report and Recommendation and transfers this case to the United States District Court for the District of Columbia.  The court agrees with the Magistrate Judge "that the venue in this district is improper because it is neither the place of [plaintiff's] residence nor where the agency records are located."  The court rejects plaintiff's "argu[ment] that even if the records are not physically located here, they are accessible electronically and therefore present in this district for purposes of FOIA."  The court finds that "[plaintiff] fails to provide factual support or legal authority for this proposition . . . and the court finds none."  The court also rejects plaintiff's "argu[ment] that the R & R incorrectly concludes that the place of her imprisonment, Waseca, Minnesota, is not her residence."  The court finds that "[a]s stated in the R & R, involuntary and temporary detention is insufficient to establish residence in the district of incarceration."  Last, the court rejects plaintiff's "argu[ment] that the interests of justice require the case to remain here."  The court finds that "[t]he interests of justice are best served by allowing the case to proceed elsewhere rather than dismissing it entirely for improper venue."