Lewis

Lewis v. Bayh

Good Law
229 F. App'x 514
United States Court of Appeals for the Ninth CircuitApril 24, 2007No. 05-56930California317 words

Opinion

Lead Opinion

MEMORANDUM **

George M. Lewis appeals pro se from *515 the district court’s judgment dismissing his action alleging defendants violated 42 U.S.C. §§ 1983 and 1985. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo dismissals for failure to state a claim and based on the statute of limitations. Daniel v. County of Santa Barbara, 288 F.3d 375, 380 (9th Cir.2002). We review for abuse of discretion dismissals for improper venue. Bruns v. Nat’l Credit Union Admin., 122 F.3d 1251 , 1253 (9th Cir.1997). We affirm.

The district court properly dismissed without prejudice Lewis’s claim against Senator Bayh, because venue was improper in the Central District of California, see 28 U.S.C. § 1391 (b), and Lewis neither sought to have the claim transferred nor showed that a transfer to the proper venue would be in the interests of justice, see King v. Russell, 963 F.2d 1301, 1304 (9th Cir.1992) (per curiam).

The district court properly concluded Lewis failed to state a claim under 42 U.S.C. § 1985 (2), because Lewis did not allege defendants’ actions hampered him from presenting an effective case in any then-pending matter in federal court. See Blankenship v. McDonald, 176 F.3d…

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