Leroy H. JOHNSON, Jr., Plaintiff-Appellant, v. PAYLESS DRUG STORES NORTHWEST, INC., Dba Wonder World, Et Al., Defendants-Appellees
Opinion
Opinion
Leroy H. Johnson, Jr., appeals pro se the district court’s dismissal without prejudice of his employment discrimination action against Payless Drug Stores Northwest, Inc. (“Payless”), which he brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
I
Johnson contends that the district court erred by dismissing his action without prejudice for lack of venue under 42 U.S.C. § 2000e-5(f)(3) because the Northern District of California is an appropriate venue under 28 U.S.C. § 1391 . This contention lacks merit.
The relevant statutory language demonstrates that the venue provisions in section 2000e-5(f)(3) apply to this case. Section 2000e-5(f)(3) of Title VII provides in relevant part:
Section 1391, in contrast, is the general federal venue statute; its provisions apply in a civil action not founded solely on diversity of citizenship “except as otherwise provided by law.” 28 U.S.C. § 1391 (b).
Thus, it is clear that section 1391 “has its limitations.” Bolar v. Frank, 938 F.2d 377, 378 (2d Cir.1991) (per curiam). “Moreover, venue for [Johnson’s] right of action is circumscribed by the very…