Harrison v. BOP, No. 16-819, 2019 WL 147720 (D.D.C. Jan. 9, 2019) (Moss, J.)

Harrison v. BOP, No. 16-819, 2019 WL 147720 (D.D.C. Jan. 9, 2019) (Moss, J.)

Re:  Defendant's motion to transfer venue for plaintiff's First Amendment and FOIA claims

Disposition:  Sua sponte severing plaintiff's FOIA claim; granting defendants' motion to transfer venue with respect to plaintiff's claims against individual defendants, retaining jurisdiction over plaintiff's FOIA claim as separate action

• Litigation Considerations, Jurisdiction:  "Because none of the individual defendants – subject to suit in their personal capacities – reside in the District of Columbia, and because the events giving rise to Plaintiff's First Amendment claim occurred at the Petersburg FCC in Virginia, the Court will grant the motion to transfer the case to the U.S. District Court for the Eastern District of Virginia."  "The Court will, however, sever Plaintiff's FOIA claim against the BOP and retain jurisdiction over that claim."  "Given that Plaintiff's FOIA claim does not arise out of the same transaction or occurrence as his First Amendment retaliation claim; that the two claims do not share any common questions of law or fact; that most of the witnesses and all of the records related to Plaintiff's First Amendment claim are located at the Petersburg FCC, . . . and that the parties are in the midst of addressing Plaintiff's FOIA claim, with a joint status report due to the Court . . . the Court concludes that it is more expeditious for the Court to retain jurisdiction over Plaintiff's FOIA claim and for the U.S. District Court for the Eastern District of Virginia to adjudicate Plaintiff's claims against the individual defendants."  "Severance would benefit judicial economy and avoid unnecessarily delaying Plaintiff's efforts to obtain his BOP records."