Sanaz Derakhshani Jan v. Donald J. Trump, et al.

Summary

The United States District Court for the District of Utah denied Plaintiff Sanaz Derakhshani Jan’s motions to proceed in forma pauperis and for emergency injunctive relief. The court dismissed the action after concluding that venue was improper and that the complaint’s conclusory allegations against 73 defendants failed to state a viable claim for relief.

Holdings

1. A district court may sua sponte dismiss for improper venue during IFP screening when the venue defect is obvious from the face of the complaint and no further factual record is needed; the court held that the District of Utah was not a proper venue because the complaint alleged no substantial part of the relevant events or omissions occurred there.
2. When venue is improper, the court may dismiss or transfer the action under 28 U.S.C. § 1406(a), but transfer was not in the interest of justice in this case.
3. The complaint failed to state a claim for relief because it relied on conclusory assertions, merely recited legal standards, and did not identify which defendant allegedly committed which conduct supporting each cause of action.
4. The court denied the motion to proceed in forma pauperis and the emergency motion for a temporary restraining order and order to show cause because the action was dismissed for improper venue and failure to state a viable claim.

Questions Presented

1. Whether the district court could sua sponte dismiss the action for improper venue based on the face of the complaint.
2. Whether the action should be transferred rather than dismissed under 28 U.S.C. § 1406(a).
3. Whether the complaint stated any plausible claim for relief under the governing pleading standard and survived screening under 28 U.S.C. § 1915(e)(2)(B).
4. Whether plaintiff was entitled to proceed in forma pauperis or obtain a temporary restraining order.

Disposition

dismissed