Lunsford v. DOJ, No. 21-00289, 2021 WL 2636744 (W.D.N.C. June 25, 2021) (Reidinger, C.J.)
Lunsford v. DOJ, No. 21-00289, 2021 WL 2636744 (W.D.N.C. June 25, 2021) (Reidinger, C.J.)
Re: Request for records concerning criminal prosecution of plaintiff, as well as records concerning Assistant United States Attorney who prosecuted plaintiff's case
Disposition: Transferring case to Middle District of North Carolina
- Litigation Considerations, Venue and Removal: The court holds that "under Section 552, Plaintiff's action may be heard in a venue where Plaintiff resides, where the agency records are situated, or in the District of Columbia." "Plaintiff currently resides in the Eastern District of North Carolina." "Given the possibility of Plaintiff's transfer to a different district, it seems most prudent for this action to be heard in a venue where the agency records are situated." "Because Plaintiff was prosecuted in the Middle District of North Carolina, the records he seeks would necessarily be situated in that District." "Pursuant to 28 U.S.C. § 1406(a), the Court may dismiss this action, or, if it is in the interest of justice, transfer this action to the United States District Court for the Middle District of North Carolina." "The Court will transfer this action to the Middle District of North Carolina."