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16-2384 - Corso v. Franz


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16-2384 - Corso v. Franz
March 27, 2018
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MEMORANDUM and ORDER: Corso has not made a prima facie showing of venue under either § 1965(a) or § 1391(b)(2). When venue is improper, the district court has discretion to dismiss, or if it be in the interest of justice, transfer such case to any district... in which it could have been brought. 28 U.S.C. § 1406(a); Minnette v. Time Warner, 997 F.2d 1023, 1026 (2d Cir. 1993) (Whether dismissal or transfer is appropriate lies within the sound discretion of the district court.). Since Franz concedes both that venue is proper in the District of Kansas and that he is subject to personal jurisdiction there, the Court exercises its discretion to transfer the case to the District of Kansas in lieu of dismissal. Ordered by Judge Frederic Block on 3/27/2018. (Innelli, Michael)